By Nchetachi Chukwuajah
The Federal High Court sitting in Abuja has temporarily halted the hearing of the suit filed by a faction of the Peoples Democratic Party (PDP) loyal to the Minister of the Federal Capital Territory (FCT), Nyesom Wike, against the Kabiru Turaki-led PDP.
Justice Joyce Abdulmalik of the court temporarily halted the hearing of the suit at the resumed hearing of the case on Friday, January 23.
The Wike camp and its acting National Chairman, Mohammed Abdulrahman, alongside the factional National Secretary, Senator Samuel Anyanwu, had filed the suit seeking an injunction restraining the Turaki-led leadership (5th to 25th defendants) from parading themselves as representatives of the PDP in any capacity whatsoever.
At the hearing on Friday, the defence counsel, Chris Uche, applied for withdrawal of their application on stay of proceedings, which was not opposed by the plaintiffs’ counsel, Onyechi Ikpeazu.
In her ruling, the judge struck out the application on stay of proceedings, having been withdrawn by the defence counsel.
The defence counsel also informed the judge that the record of appeal had been entered at the appellate court, urging the judge to adjourn the hearing of the suit indefinitely to allow the Court of Appeal to determine the appeal.
He argued that once the record of appeal has been entered, the lower court lacks jurisdiction to hear the matter.
However, Ikpeazu objected to the application, asking the court to adjourn sine die and urged the judge to decline the request because the defence application was not supported by an affidavit of facts.
Defence counsel, 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 the defence counsel and adjourned the matter to February 20, pending the determination of the appeal.
