Justice Chukwudi. C. Okaa of Nnewi High Court in Anambra State has ordered that the Incorporated trustee of the NBA and other defendants in the suit brought against them by Mazi Afam Osigwe, be put on notice before the court can hear the Ex-parte application filed.
The case with Suit No:HN/135/2018 and MOTION NO: HN/777M/2018 sighted by TheNigerialawyer (TNL) has the NBA President, A.B Mahmoud SAN, Chairman, Electoral Committee of the NBA, Professor Auwalu Yadudu, Chairman NBA Nnewi branch of the NBA, Pascal .C. Ngwuanyi as the defendants.
Delivering ruling on the matter, Justice Chukwudi. C.Okaa on Wednesday, the 18th day of July 2018 said:
“Upon hearing this motion on notice filed the 9th day of July, 2018 praying the court as follows: An order of interim injunction restraining the defendants, either by themselves, their agents, officials, officers or privies from conducting, organizing, holding in any manner whatsoever proceeding with and or concluding the election into the office of the president of the NBA, pending the determination of the Motion on Notice, and after considering the application and listening to the submissions of Emeka Etiba, SAN, counsel to the Plaintiff/Applicant on the matter, in view of the argument that the election is already fixed for the 27th –28th July, 2018 and taking judicial notice that the issue relates to the entire NBA, I hold the strong view that it will not be in the interest of justice to hear the application Ex-parte. I will, therefore, order that all parties be put on notice of the application to enable the court to hear all the sides in the matter.”
Mazi Afam Osigwe, the only disqualified presidential candidate for the July 2018, NBA General Election had on Monday, the 9th day of same month instituted a legal action against the above-mentioned defendants, challenging his unlawful disqualification from the NBA Political race.
The matter is hereby adjourned to 26th July 2018 for the hearing of the Notice.
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