Five aggrieved members of the Peoples Democratic Party (PDP) in Kaduna State have obtained an exparte order from an Abuja Federal High Court, restraining the party and the Independent National Electoral Commission (INEC) from holding state congress and elections scheduled for Saturday September 21, pending the determination of motion on notice for interlocutory in injunction.
The exparte motion was filed by counsel to the aggrieved party members, M. A. Mahmud (SAN).
Mahmud SAN, in a letter to the INEC chairman, dated September 18, asked the Commission to restrain itself from participating and monitoring the state congress in Kaduna, scheduled to hold on Saturday, September 21, 2024.
The letter reads: “We are solicitors to the Plaintiffs hereinafter refers to “our client” and on whose direct instructions we write this letter.
“Recall that the Federal High Court (Coram: Hon. Justice P.O Lifu, JP) on the 9th of August, 2024 ordered that all the Respondents, inclusive Peoples Democratic Party to stay action from conducting Congresses in all the Local Government Areas in Kaduna State based on the pendency of the subject matter of the suit....Read Full Article [Click Here>]
“The Certified True Copy of the Enrolled Order is hereby affached and marked as Annexures 1. Furthermore, the Plaintiffs have filed a Motion for Interlocutory Injunction pending before the Court in the above captioned suit to specifically restrain the commission from participating and monitoring the State Congress in Kaduna State scheduled to hold on Saturday, the 21* of September 2024.
“The filed copy of the Plaintifts’ Motion for Interlocutory Injunction has been served on the commission. The proof of service of the Plaintiffs’ Motion for Interlocutory Injunction is hereby attached and marked as Annexures
“In view of these circumstances, we wish to draw your attention to the settled position of the law that any action taken by any individual and/or party to a suit affecting the res or subject matter during the pendency of the said Suit is automatically a nullity.
“This position is equally fortified by the Court.”
