Mr. Elvis Ayomanor and seven others on 19th August instituted a case against the APC and its leadership in the Delta State High Court Holden in Asaba, challenging, among others, the outcome of our party’s Ward Congress of 31st July, 2021.
Essentially, the Plaintiffs/Applicants prayed the court for exparte orders, including:
(a) an order to issue and serve their Originating Summons on the 15 defendants including the party (APC), the Chairman of the Caretaker Extraordinary Convention Planning Committee (CECPC) and its members, as well as, the Chairman of the party in Delta State;
(b) an order of interim injunction restraining the Chairman and members of the CECPC from acting or parading themselves as leaders of the party pending the determination of their motion on notice; and
(c) an order of 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 their same motion on notice.
In its ruling, the High Court in its wisdom stated thus: “This court has looked at the motion Ex-Parte dated 18th/8/2021 and filed 19th/8/2021 seeking 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”.
From the above, it is clear that the order made by the Court is ONLY in respect of, and affects ONLY the15th Defendant (Delta state Chairman of APC). The Court did not make any order in respect of APC (as 1st Defendant), the Chairman of the CECPC, the Governor of Yobe State, HE, Hon. Mai Mala Buni and other members of the Committee.
Clearly, the interim injunction placed by the Court on the Delta State Chairman of the Party in Delta State (Jones Ode Erue) has nothing whatsoever to do with the APC and its National leadership embodied by the CECPC that has the power and authority to organize the scheduled Congresses. Therefore the order has no impact whatsoever on the CECPC ably led by HE, Governor Buni or the scheduled congresses nationwide, including Delta State.
Some mischief makers who never wished APC well are misrepresenting the facts without having access to the court ruling/order.
Kindly find the Court ruling/order below to be factually and evidently guided.
Signed:
Mamman Mohammed,
DG Press and Media Affairs to Gov. Mai Mala Buni.
