Godwin Tsa, Abuja
A High Court of the Federal Capital Territory (FCT) has restrained Mr. Daniel Nwafor from parading himself as the Imo State chairman of the ruling All Progressive Congress (APC).
Justice Othman Musa sitting in the Bwari division of the court made the preservative order sequel to an exparte motion that emanated from a suit filed by Evan Enwerem against the All Progressives Congress (1st defendant), Adams Oshiomole (2nd defendant), and Daniel Nwafor, Imo state Chairman of APC, (3rd defendant).
The Judge explained that the order was made to preserve the res(subject matter) and to prevent a situation of foist accomplished on the Court of Appeal and render it’s decision a nulity.
The motion had prayed the court for “An order for unconditional stay of execution /enforcement of the judgement of the court delivered on August 14, 2018, pending the hearing and determination of the appeal filed by APC against the said judgement.
“An an order restraining Nwafor’s agents, messengers, privies, representatives, and / or any person(s) acting pursuant to the 3rd defendant as the Imo state chairman of APC thereby giving effect to the said judgement of the court delivered on August 14, 2018, pending the hearing and determination of the appeal filed by the party against the said judgement.
A copy of the enrol order of the court dated July 16, cited by judiciary correspondents on Monday, disclosed the grounds upon which Justice Musa granted the restraining order.
The Court noted that “The 1st defendant/ applicant has filed a notice of appeal which raises serious and triable questions of territorial, substantive and procedural jurisdiction of the court to entertain the suit.
“The 1st defendant /applicant discloses substantive and recondite issues of misapplication of which go to the root of the matter.
Therefore, Justice Musa held that he was minded to grant the restraining order because it was incumbent on his court to preserve the Res in the case in order not to foist a faith accompli on the Court of Appeal and/or render it’s eventual decision on the appeal before it nugatory.
S. N Egbuna Ernest moves the motion for the 1st and 2nd defendant /applicant on motion No/3025/2019 and defendant /respondent in motion No M/174/2019, while C. Nyewachi, represented the 3rd defendant.