Judge Halts Hearing Of PDP’s Case Over Leadership Dispute

Justice Joyce Abdulmalik of the Federal High Court sitting in Abuja has temporarily halted hearing on the suit filed against the Kabiru Turaki-led Peoples Democratic Party (PDP) by a faction of the party loyal to the FCT Minister, Nyesom Wike.

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The acting national chairman, Mohammed Abdulrahman, alongside Sen. Samuel Anyanwu, the factional national secretary, filed the suit.

They are seeking to stop the Turaki-led leadership from parading themselves as representatives of the PDP in any capacity whatsoever.

During Friday’s proceedings, the defence counsel, Chris Uche (SAN), applied for the withdrawal of their application on stay of proceedings which plaintiff’s counsel, Onyeachi Ikpeazu, did not oppose.

The judge struck out the application on stay of proceedings having been withdrawn by the defence counsel.

Uche further informed the judge that the record of appeal had been entered at the appellate court, urging the judge to adjourn hearing of the suit indefinitely to allow the court of appeal determine their appeal.

The defence counsel argued that after the record of appeal had been entered, the court below lacked the jurisdiction to hear the matter.

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However, plaintiff’s counsel Onyeachi Ikpeazu objected to the application asking the court to adjourn sine die.

 

He urged the judge to decline the request on the ground that the defence 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.

 

Justice Abdulmalik agreed with the submission made by defence counsel and adjourned the case to February 20 pending the determination of the appeal.

 

 


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