The Federal High Court in Abuja has ordered all parties in a suit filed by Mr. Sesugh Kaaba against the All Progressives Congress (APC) and the Independent National Electoral Commission (INEC) to maintain the status quo pending the determination of the case.
Justice Inyang Ekwo issued the order on Thursday after lawyers informed the court that all parties had exchanged the necessary court processes.
Counsel to the plaintiff, Mohammed Ndarani-Mohammed, told the court that the matter was slated for the defendants to show cause why the reliefs sought in Kaaba’s ex parte application should not be granted.
He said the plaintiff had received the affidavits filed by both the APC and INEC in compliance with the court’s earlier order and was ready to adopt the processes.
Counsel for the APC, S.D. Swem, confirmed that the party had filed an affidavit to show cause and a counter-affidavit in response to the plaintiff’s motion on notice, but noted that it was yet to file its response to the originating summons.
INEC’s counsel, Oluwole Olukunle, informed the court that the electoral commission had responded to all the processes filed by the plaintiff.
Justice Ekwo observed that by filing their respective processes, all parties had submitted to the jurisdiction of the court and were therefore bound by its authority.
He stressed that once a matter is before a court, parties are prohibited from taking any action capable of undermining the judicial process.
“Once a case is pending in court, parties are automatically restrained, and if you go ahead to do any other thing, you are taking the law into your hands,” the judge said.
The plaintiff’s lawyer urged the court to caution the APC against taking further steps while the case remained pending.
Responding, Justice Ekwo clarified that he was merely stating the legal position rather than offering advice.
In his ruling, the judge recalled that the court had, on July 8, directed the defendants to show cause why the plaintiff’s ex parte application should not be granted.
He held that since all parties had joined issues on the substantive suit, it would be more appropriate to proceed with hearing the main case instead of spending judicial time on the interlocutory application.
Justice Ekwo subsequently adjourned the matter until July 21 for hearing and ordered all parties to preserve the existing situation until the case is determined.
“I make an order adjourning this case to July 21 for hearing, and I also order that parties should maintain the status quo ante pending the determination of this case,” the judge ruled.
SOURCE: NAN
