The Federal High Court in Abuja has put proceedings on hold in a suit arising from the deepening leadership crisis within the Peoples Democratic Party, following the filing of an appeal in the matter.
The case was instituted by a PDP faction aligned with the Minister of the Federal Capital Territory, Nyesom Wike.
The plaintiffs include the group’s acting National Chairman, Mohammed Abdulrahman, and Senator Samuel Anyanwu, who is described as the factional National Secretary.
In the suit, the claimants are asking the court to restrain the Tanimu Kabiru Turaki-led faction, listed as the 5th to 25th defendants, from presenting themselves as officers or representatives of the party in any form.
At the resumed hearing on Friday, January 23, defence counsel, Chris Uche, SAN, informed the court that his clients were withdrawing their earlier application seeking a stay of proceedings. Plaintiffs’ counsel, Onyeachi Ikpeazu, SAN, did not object to the withdrawal.
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Justice Joyce Abdulmalik subsequently struck out the application, noting that it had been formally withdrawn by the defence.
Uche then told the court that a record of appeal relating to part of the suit had already been entered at the Court of Appeal.
On that basis, he urged the court to adjourn the case indefinitely, arguing that the entry of the appeal had divested the Federal High Court of jurisdiction to continue hearing the matter.
Ikpeazu opposed the request, contending that the application for indefinite adjournment was not backed by an affidavit and should therefore be dismissed.
Relying on points of law, Uche cited judicial authorities to support his position that jurisdiction shifts to the appellate court once an appeal is properly entered.
In her ruling, Justice Abdulmalik partly upheld the defence’s argument and adjourned the matter until February 20, pending the outcome of the appeal at the Court of Appeal.