The Delta State High Court in Asaba did not restrain Yobe State Governor Mai Mala Buni and others from parading themselves as the All Progressives Congress (APC) Caretaker/Extraordinary Convention Planning Committee (CECPC) members.

A section of the media (not The Nation) reported on Thursday that the court restrained Buni and the CECPC members from conducting the local government and state congresses slated for tomorrow in Delta.

APC State Deputy Chairman Elvis Ayomanor and other officials are challenging the outcome of the ward congress in the state.

In an ex-parte application, they prayed for, among others: “An order of interim injunction of this court restraining the second to 14th defendants/respondents from further acting or parading themselves as the members of the CECPC of the first defendant (APC) pending the hearing and determination of the motion on notice already filed and served in the suit.

“Alternatively, an order of interim injunction of this court restraining the second to 14th defendants/respondents from conducting the local government and state congresses slated for September 4, 2021, or any other date, and other congresses of the first defendant in Delta State, pending the hearing and determination of the Motion on Notice already filed and served.”

Rather than granting the reliefs as prayed, Justice Onome Marshal-Umukoro ruled: “Reliefs 1, 2, 3 and 4 have to do with issues of services of processes on all the parties in this suit. Reliefs 5, 6 and 7 are injunctive reliefs being sought in the interim…

“Reliefs 1, 2, 3, 4 and alternative prayer 5 of the motion ex-parte are hereby granted. Alternative Prayer 5 is granted only in relation to the 15th defendant…”

The alternative prayer five is for the court to restrain the second to 14th defendants/respondents from further acting or parading themselves as CECPC members.

The 15th defendant in the suit is Jones Ode Erue, who was sued in his capacity as caretaker chairman of the APC in Delta.

He was not captured in the plaintiffs/applicants reliefs, which covered the second to 14th defendants.




Delta Court didn’t stop Buni as APC chairman
by Joseph Jibueze, Deputy News Editor and Jide Orintunsin, Abuja September 3, 2021

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Party: go to court, risk sanction
State caretaker chair expelled
Council congresses hold tomorrow
The Delta State High Court in Asaba did not restrain Yobe State Governor Mai Mala Buni and others from parading themselves as the All Progressives Congress (APC) Caretaker/Extraordinary Convention Planning Committee (CECPC) members.

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A section of the media (not The Nation) reported on Thursday that the court restrained Buni and the CECPC members from conducting the local government and state congresses slated for tomorrow in Delta.

APC State Deputy Chairman Elvis Ayomanor and other officials are challenging the outcome of the ward congress in the state.

In an ex-parte application, they prayed for, among others: “An order of interim injunction of this court restraining the second to 14th defendants/respondents from further acting or parading themselves as the members of the CECPC of the first defendant (APC) pending the hearing and determination of the motion on notice already filed and served in the suit.

“Alternatively, an order of interim injunction of this court restraining the second to 14th defendants/respondents from conducting the local government and state congresses slated for September 4, 2021, or any other date, and other congresses of the first defendant in Delta State, pending the hearing and determination of the Motion on Notice already filed and served.”

Rather than granting the reliefs as prayed, Justice Onome Marshal-Umukoro ruled: “Reliefs 1, 2, 3 and 4 have to do with issues of services of processes on all the parties in this suit. Reliefs 5, 6 and 7 are injunctive reliefs being sought in the interim…

“Reliefs 1, 2, 3, 4 and alternative prayer 5 of the motion ex-parte are hereby granted. Alternative Prayer 5 is granted only in relation to the 15th defendant…”

The alternative prayer five is for the court to restrain the second to 14th defendants/respondents from further acting or parading themselves as CECPC members.

The 15th defendant in the suit is Jones Ode Erue, who was sued in his capacity as caretaker chairman of the APC in Delta.

He was not captured in the plaintiffs/applicants reliefs, which covered the second to 14th defendants.


The implication of the order is that Erue cannot conduct the congresses because he was restrained, but Buni can because the injunction, “which shall abate after seven days”, does not apply to him.

The CECPC yesterday warned members against taking the party to court or risk sanction.

The warning followed a legal action taken by some aggrieved members in the Delta State chapter.

On Thursday, the party expelled its caretaker chairman in Yola South Local Government, Alhaji Sulaiman Adamu for making uncomplimentary remarks about President Muhammadu Buhari.

Buni, who inaugurated the Local Government Congress Committees for tomorrow’s exercise said the Caretaker Committee was determined to carry out the directive of the December 5 National Executive Committee (NEC), which forbids members from taking the party to court.

Represented by CECPC Secretary, Senator John Akpanudoedehe, the he declared that the Local Government Congresses and the July 31 nationwide Ward Congresses were “legally protected.”

The Chairman urged committee members to go to their states of primary assignment with confidence, dignity, commitment, and pride.

He said: “We also use this opportunity to reiterate the resolution of NEC of our party to severely sanction members and their sponsors who take the party to court. His Excellency (Hon) Mai Mala Buni is determined to carry out to the letter the instructions of our leader, President Muhammadu Buhari, which is to rebuild the party, button-up. The process has reached an advanced ground stage.

“Rest assured that your assignment, as well as the earlier Ward Congresses nationwide, is legally protected. We are on solid ground.

“Consequently, the CECPC ratifies and adopts the results of the party’s earlier nationwide Ward Congresses held on Saturday, July 31st, 2021, however, any State Caretaker Committee who swears in any person or group of persons who are not elected through a congress conducted by the designated National Congress Committee of the Party is null, void and of no effect. However, where there are still complaints, the CECPC would be fair to all.

“Accordingly, the CECPC hereby directs you all to go and conduct nationwide Local Government (LGA) Congresses on Saturday, September 4, 2021, as contained in the official timetable/schedule of activities released by the party.”

The Director-General of Voice of Nigeria, Osita Okechukwu, who spoke on behalf of the LG Congress Committees promised to conduct the exercise in line with the Constitution of the party and the vision of the founding fathers of the party.

SecretReporter:
G

OmovuduTheBeast:
Failed country

5ThChild:
So the court judgement made in Delta stays in Delta. That's an insult on all judiciary members in Nigeria

tunwumi:
You have to wait for interpretation of judgment before you can categorically say this is what was granted.

Cantonese:
They always look for loopholes.

Buni has been informed by one of their SANs that his position is illegal. I see that actions taken by Buni would be declared illegal by the courts in the future.

APC in Delta state has been in trouble for years. And even if they put their house in order they cannot defeat PDP in that state.

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