The All Progressives Congress (APC) clarified yesterday that the recent order of a high court in Delta State did not stop the Governor Buni-led Caretaker/Extraordinary Convention Planning Committee (CECPC) from piloting the affairs of the party.
Media report had suggested that the court sitting in Asaba, in Delta State, on Wednesday restrained the Buni-led caretaker from acting or parading themselves as party leaders until the determination of a substantive suit before the court.
Contrary to the report in some section of the media, a copy of the court order sighted by LEADERSHIP Friday confirmed that the ex parte order affected only the chairman of the Delta State chapter of the party, Jones Ode Erue, who is the 15th defendant in the suit.
In issuing the ex parte order, the court presided over by Justice Onome Marshal Umukoro held that while reliefs 1,2,3,4 and alternative prayer 5 which is the restraining order of the motion Ex-Parte are hereby granted, the “alternative prayer 5 is granted only in relation to the 15th defendant (Jones Ode Erue, Chairman APC, Delta State)”.
Armed with the court order, the APC national leadership described the report in some national dailies (not LEADERSHIP) as the handiwork of mischief makers who never wish the party well.
Mamman Mohammed, director-general of Press and Media Affairs to national chairman of CECPC and Yobe State governor, Mai Mala Buni, who stated this in a statement, confirmed that Mr Elvis Ayomanor and seven others on August 19 had instituted the case against the APC and its leadership in the court in Delta State challenging the outcome of the party’s ward Congress of July 31, 2021.
The APC added that the seven applicants prayed the court to among other things issue and serve the originating summons on 15 defendants, including the party, the chairman, Caretaker Extraordinary Convention Planning Committee, and members as well as, the chairman of the party in the state.
Mohammed said, “The applicants also sought the court to issue interim injunction to restrain the chairman and members of the Caretaker Extraordinary Convention Planning Committee from acting or parading themselves as leaders of the party pending the determination of the case against the outcome of the ward Congress in Delta state before the court.
“They also prayed for interim injunction restraining the party from conducting the local government and state government Congresses slated for 4th September in Delta state pending the determination of the case before the court.
“The High court in its wisdom ruled: “This court has looked at the motion Ex-Parte dated 18th/8/2021 and filed 19th/8/2021seeking the reliefs as set out on the face of the motion paper. This court has also looked at the supporting affidavit along with exhibits attached as well as the written address containing legal arguments in support of the prayers sought. Reliefs 1, 2, 3 and 4 have to do with issues of service of processes on all parties in this suit.
“Relief 5, 6 and 7 are injunctive reliefs being sought in the interim. The affidavits in support contain sufficient grounds for the grant of the reliefs being sought. Reliefs 1,2,3,4 and alternative prayer 5 of the motion Ex-Parte are hereby granted. Alternative prayer 5 is granted only in relation to the 15th defendant (Jones Ode Erue, Chairman APC, Delta State).
“In compliance with order 39 Rule 7(3) of the Extant Civil Procedure Rules of this court, this order of injunction granted shall abate after 7 days. It shall not operate ad infinitum. This matter stands adjourned to 7th September, 2021 by 10.00 a.m on agreement of counsel”.
The APC national caretaker committee from the above order, it was apparently clear that “the court ruling only affected the15th defendant (Delta state Chairman of APC) and not the National Chairman of the Caretaker Extraordinary Convention Planning Committee and Yobe state Governor Hon. Mai Mala Buni and other members of the committee.
“Some mischief makers who never wished the party well, had continued to misrepresent the facts mostly without having access to the court ruling,” the party national leadership added.