Justice Joyce Abdulmalik of the Federal High Court in Abuja has temporarily halted hearing of the suit filed by a faction of the Peoples Democratic Party, PDP, loyal to the Minister of the Federal Capital Territory, Nyesom Wike, against the camp led by Tanimu Kabiru Turaki.
The Wike aligned PDP faction, together with its acting National Chairman, Mohammed Abdulrahman, and Senator Samuel Anyanwu, the factional National Secretary, instituted the suit.
They are seeking an order of injunction restraining the Turaki led leadership, listed as the fifth to twenty fifth defendants, from parading themselves as representatives of the PDP in any capacity whatsoever.
At the resumed hearing of the case on Friday, defence counsel, Chris Uche, SAN, applied to withdraw the application seeking a stay of proceedings. Plaintiffs’ counsel, Onyeachi Ikpeazu, SAN, did not oppose the request.
In a brief ruling, Justice Abdulmalik struck out the application for stay of proceedings, having been formally withdrawn by the defence.
Thereafter, Uche informed the court that the record of appeal in respect of an aspect of the suit had been entered at the Court of Appeal and urged the judge to adjourn hearing of the substantive matter indefinitely to allow the appellate court determine the appeal.
The defence counsel argued that once the record of appeal had been entered, the High Court no longer had jurisdiction to continue hearing the main suit.
However, plaintiffs’ counsel, Ikpeazu, objected to the request for an indefinite adjournment. He urged the court to decline the application on the ground that it was not supported by an affidavit of facts.
Arguing on points of law, Uche cited judicial authorities to support his position that the entry of an appeal transfers jurisdiction from the lower court to the appellate court.
In her ruling, Justice Abdulmalik partly agreed with the submission of the defence counsel and adjourned the matter to February 20, pending the determination of the appeal.
