From Femi Folaranmi, Yenagoa
The Bayelsa State High Court on Thursday adjourned hearing on an injunction it granted some aggrieved members of the All Progressive Congress (APC) against the conduct of the party congresses to allow hearing of the case by the Supreme Court.
The party after a Court of Appeal ruling upholding the decision of the High Court had filed a notice of appeal and stay of execution of the July 30th order of the State High Court stopping the party from conducting the ward, local government and state congresses of the party in the state.
At the resumed hearing, Justice Enekinimi Uzaka who granted the injunction adjourned the matter to allow the Supreme Court ruled on the appeal against the Court of Appeal ruling.
APC counsel, Sammie Abiye Somiari SAN, informed the about the party’s Motion on Notice and Stay of Execution filed before the Supreme Court arguing the court can no longer adjudicate on the matter.
He averred that the case is continuum and not a new one,” being continuum and not to impose fait accompli on the court.”
“We have reached the Supreme Court. The High Court should await the outcome of the Supreme Court. It is to pause and go to the Supreme Court.If the Supreme Court rules that we come back to the lower court, then we shall return,” he told the court.
Counsel to the claimants, Perekedou Fawei in his submission however argued that the State High Court had given an order and irrespective of what the party position, the order must be obeyed.
He stated that the Court must protect its integrity against an alleged attempt by the APC to abuse it with its actions.
” The defendants should not be allowed to flagrantly abuse the order of the court,” he argued.
Justice Uzaka in his ruling said based on the dignity of the processes and the superiority of the Courts, the case would be adjourned to February 3rd 2022 for parties in the suit to report to the court on the outcome of the appeal filed by the APC before the Supreme Court.