Alex Enumah in Abuja
An Abuja High Court has granted an injunctive order restraining Mr. Daniel Nwafor from parading himself as the Chairman of the All Progressives Congress (APC) in Imo State.
Justice Othman Musa granted the order on July 16, 2020, while ruling on an exparte application by the APC against his judgment of 2018 in the suit filed by Mr. Evan Enwerem against the APC (1st defendant); Mr. Adams Oshiomole (2nd defendant) and Mr. Daniel Nwafor, Imo State Chairman of APC, (3rd defendant).
However, the APC is seeking “an order for unconditional stay of execution /enforcement of the judgment of the court delivered on August 14, 2018, pending the hearing and determination of the appeal filed by the APC against the said judgment.”
The APC also sought 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 the APC, thereby giving effect to the said judgment of the court delivered on August 14, 2018, pending the hearing and determination of the appeal filed by the party against the said judgment.
A copy of the order of the court dated July 16, cited by judiciary correspondents on yesterday, disclosed the grounds upon which Justice Musa granted the restraining order.
The court noted: “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 disclose 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.
