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Court stops PDP leadership suit pending Appeal Court verdict
Justice Joyce Abdulmalik of the Federal High Court in Abuja has temporarily stopped the hearing of a case brought by a faction of the Peoples Democratic Party (PDP).
The suit was filed by the group loyal to FCT Minister Nyesom Wike. They are challenging the leadership led by Tanimu Kabiru Turaki.
The Wike-led faction, including acting National Chairman Mohammed Abdulrahman and Senator Samuel Anyanwu (the faction’s National Secretary), filed the case.
They are asking the court to stop the Turaki-led camp from claiming to represent the PDP in any way.
At the resumed hearing of the case on Friday, the defence counsel, Chris Uche, SAN, applied for withdrawal of the application seeking stay of proceedings, which plaintiffs’ counsel, Onyeachi Ikpeazu, SAN, did not oppose.
In a short ruling, the judge struck out the application on stay of proceedings having been withdrawn by the defence counsel.
Thereafter, Uche informed the judge that the record of appeal in respect of an aspect of the suit has been entered at the Court of Appeal and urged the judge to adjourn hearing of the suit indefinitely to allow the Court of Appeal determine their appeal.
The defence counsel argued that since the record of appeal has been entered, the High Court lacks the jurisdiction to proceed to hear the main matter.
However, plaintiffs counsel, Ikpeazu, objected to the application for indefinite adjournment into the suit.
He urged the judge to decline the request on the ground that the defence’s application was not supported by affidavit of facts.
Arguing on point of law, Uche cited relevant authorities to support his argument that the entry of an appeal transfers jurisdiction from the lower court to the appellate court.
In a ruling, Justice Abdulmalik partly agreed with the submission made by the defence counsel and adjourned the matter to February 20, pending the determination of the appeal
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