APC National Convention: Court refuses to stop Lagos Exco participation

The Federal High Court in Abuja on Wednesday refused to stop the Hon. Babatunde Balogun led executive committee (Exco) of the All Progressives Congress (APC) Lagos State chapter from participating in the National Convention of the party, slated for this Saturday in Abuja.

Justice Binta Nyako, who declined to stop the Balogun group said that the principle of fair hearing will be breached if a restraining order is granted without hearing other delegates who participated during the Lagos State APC congress like Bunmi Tayo Church, the applicant.

This is contained in a ruling prepared by Justice Nyako but delivered by Justice Babatunde Quadri on an interim application filed by Mr. Church, an aggrieved delegate/contestant in the May 12, 2018 Lagos APC Congress seeking to restrain Lagos APC Exco from attending the National convention.

Justice Nyako said that it will be unfair to stop the Balogun faction in view of the timeline of the convention holding on June 23, 2018 in Abuja.

The judge said that the plaintiff was just one out of 1, 885 delegates who took part in the congress.

Justice Nyako said that the plaintiff worsen his case with the claim that he was prevented from participating at the state congress, because it is settled in law that anyone who did not participate in an election cannot challenge the outcome of that election.

“The applicant having not participated in the May 12, 2018 Lagos State APC congress, cannot use the interlocutory injunction’s application to challenge the outcome of the Lagos APC Congress.”

Justice Nyako said that hundreds of other participants at the congress would be denied fair hearing if this application is granted because they were not joined in the suit. This application failed because they were excluded.

The judge, therefore, ordered that the Originating Summons filed by the plaintiff/applicant, through his counsel, Chief Akin Olujimi (SAN) should be given accelerated hearing.

However, Justice Quadri, explained that he was assigned to read the ruling on behalf of Justice Nyako, under Order 23 Rule 2 of the Federal High Court because Justice Nyako was bereaved.

He however did not give a definite date for the hearing of the Originating Summons but added that Justice Nyako will fix a convenient date for her to hear the matter.

It should be recalled that the Independent National Electoral Commission (INEC) and All Progressives Congress (APC) had on June 14, urged the Court to refuse the motion seeking to restrain them from recognising Lagos State’s delegates for the June 23 national convention of the APC.

INEC and APC made the request in their separate counter arguments to the motion for interlocutory injunctions filed by an aggrieved member of the APC in Lagos State, Bunmi Tayo Church.

Church, whose substantive suit marked: FHC/ABJ/CS/ 583/18, is challenging the outcome of the last Ward, Local Government and State congresses of the APC in Lagos State, had sought the interim order pending the determination of the main suit.

Akin Olujinmi (SAN), who represented Church, had argued the motion and urged the court to grant his client’s reliefs to preserve the res (subject) of the case.

He said that since the APC’s national congress was scheduled for June 23, there was need to preserve the subject of the substantive suit.