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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 FCT Minister, Nyesom Wike, against the Tanimu Kabiru Turaki-led camp of the party.
The Wike-led PDP and its acting National Chairman, Mohammed Abdulrahman, alongside Senator Samuel Anyanwu, the factional National Secretary, filed the suit.
They are seeking an order of injunction, restraining the Turaki-led leadership (5th to 25th defendants) from parading themselves as representatives of PDP in any capacity whatsoever.
At the resumed hearing of the case on Friday, the defence counsel, Chris Uche, SAN, applied for withdrawal of the application seeking stay of proceedings, which plaintiffs’ counsel, Onyeachi Ikpeazu, SAN, did not oppose.
In a short ruling, the judge struck out the application on stay of proceedings having been withdrawn by the defence counsel.
Thereafter, Uche informed the judge that the record of appeal in respect of 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 allow the Court of Appeal determine their appeal.
The defence counsel argued that since the record of appeal has been entered, the High Court lacks the jurisdiction to proceed to hear the main matter.
However, plaintiffs counsel, Ikpeazu, objected to the application for indefinite adjournment into the suit.
He urged the judge to decline the request on the ground that the defence’s application was not supported 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.
Judge halts hearing of PDP leadership tussle suit, awaits Appeal Court verdict
