Federal High Court sitting in Abuja has declined to restrain the All Progressives Congress (APC) from using a delegate’s list in conducting the April 10 primary election to nominate its candidate for the 2023 governorship election in Kogi State.
The court also declined to restrain the APC from submitting the said list to the Independent National Electoral Commission (INEC) pending the hearing and determination of a motion on notice.
Justice James Omotosho made the ruling in suit FHC/ABJ/CS/329/2023 filed by two plaintiffs Realwan Okpanachi and Yahaya Seidu Nuhu through their counsel, Mr. M. A. Ebute (SAN).
The APC and INEC are the first and second defendants.
The plaintiffs filed a motion ex parte dated March 8 and filed on March 9, seeking four reliefs.
They are an order of interim injunction restraining the APC “from utilising the purported delegates list (Exhibit A31-21) in conducting the primary election slated for 10th April, 2023 or any other date for the purpose of nominating its candidate for the 2023 governorship election in Kogi State or submitting the said list to the 2nd defendant pending the hearing and determination of the Motion on Notice.
“An order of interim injunction restraining the 2nd defendants from accepting and acting on the purported delegate list produced by the 1st defendant.
“An order of interim injunction restraining the 2nd Defendant, from monitoring any primary however so called conducted by the 1st Defendant using the purported delegates list for the purposes of nominating its candidate for the 2023 governorship election in Kogi State.”
But dismissing the application, Justice Omotosho held that, “an order of interim Injunction is hereby refused.
“An order is hereby made that all parties in this suit shall maintain peace and shall not take any action or step or act that may make the outcome of the Motion on Notice dated 8th March, 20223 and filed 9th day of March 2023 nugatory or worthless.
“Any act or step or action made by any of the parties in this suit to make the outcome of the Motion on Notice dated 8th day of March 2023 and filed 9th day of March 2023 nugatory shall be a nullity.
“The applicants shall put the respondents on notice by serving them with the motion on notice dated 8th March 2023 and filed 9th March 2023.”
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