Justice Joyce Abdulmalik of the Federal High Court in Abuja has temporarily suspended hearing of the suit filed by a faction of the Peoples Democratic Party, PDP, aligned with FCT Minister, Nyesom Wike, against the Tanimu Kabiru Turaki-led bloc of the party.
The Wike-aligned PDP and its acting National Chairman, Mohammed Abdulrahman, alongside Senator Samuel Anyanwu, the factional National Secretary, instituted the suit.
They are requesting an order of injunction, restraining the Turaki-led leadership (5th to 25th defendants) from presenting themselves as representatives of PDP in any capacity whatsoever.
At the continued hearing of the matter on Friday, the defence counsel, Chris Uche, SAN, sought withdrawal of the application asking for stay of proceedings, which plaintiffs’ counsel, Onyeachi Ikpeazu, SAN, did not challenge.
In a brief ruling, the judge struck out the application on stay of proceedings after it was withdrawn by the defence counsel.
Afterwards, Uche informed the judge that the record of appeal relating to 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 enable the Court of Appeal resolve their appeal.
The defence counsel contended that since the record of appeal has been entered, the High Court no longer has the jurisdiction to proceed to hear the main matter.
However, plaintiffs counsel, Ikpeazu, opposed the application for indefinite adjournment into the suit.
He urged the judge to reject the request on the ground that the defence’s application was not backed 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.
