Tina Amanda
A Rivers State High Court sitting in Port Harcourt has stayed further proceedings of a suit instituted by Stephen Wonah and six others aggrieved members of the All Progressives Congress against the party and its state chairman Abbot-Ogbobula pending the determination of an appeal by the APC.
Justice O. Ben-Whyte made the decision to stay proceeding of the matter after Counsel to APC, Tuduru Edeh SAN informed the court about a pending appeal on the earlier decision of the court for parties to maintain status quo and exparte order of interlocutory injunction on the conduct of party congresses in the state.
Claimants counsel, Henry Bello had in his argument asked the court to dismiss the application for a stay of proceeding by the defendant Counsel, Tuduru Edeh SAN and Emenike Ebete, urging the court to go ahead to hear the matter, while insisting that the appeal is not ripe for hearing.
Our correspondent reports that Justice Ben-Whyte in his ruling said it would amount to an abuse of court and challenge to the rules of court which state that when an appeal has been entered in a matter, the trial court ceases jurisdiction of the matter pending the determination of the appeal.
In an interview with our correspondent, Claimant counsel, Henry Bello explained that his clients were in court in regards to the conduct of the APC Rivers State ward congress which excluded them from participating.
“The court made an order for maintenance of status quo, an appeal has been lodged against that order. In respect to the court of appeal which is senior to the high court, the judge stayed proceedings in the matter to await decisions of the appeal.”
On his part, counsel to APC, Tuduru Edeh SAN, said at the time, the court has no jurisdiction over the matter. He said the judgement of the supreme court directed that party members should not make the court part of the political process, adding that every little thing, they run to court, as issues within the party should be resolved internally.
“APC proceeded to file condition of appearance and appealed against the assumption of jurisdiction and the other made exparte. We followed it up by entering the appeal, filed a motion to stay proceedings and brought that to the notice of court as required by law.”
Stephen Wonah, Uzoechi and six other aggrieved APC members had approached the court APC and its state Caretaker Committee Chairman, Abbot-Ogbobula, seeking the court to order parties to maintain status quo pending hearing and determination of the motion on notice for an interlocutory injunction which sought to stop APC from conducting local government and state congresses.
This is happening after the APC had finished conducting its ward congress across the twenty-three Local government Areas of Rivers State.
