'Stayed!' Magnus Abe, others fail to secure order against Rivers APC

A Rivers State High Court sitting in Port Harcourt has stayed further proceedings on the suit filed by Stephen Wonah and six other aggrieved members of the All Progressives Congress against the party and its state Chairman, Isaac Ogbobula, pending the determination of an appeal entered by the APC.

Justice O Ben-Whyte took the decision to stay proceedings on the matter after counsel to APC, Tuduru Edeh (SAN) informed the court about a pending appeal on the earlier decision of the court for parties to maintain status quo and experte order of interlocutory injunction on the conduct of party congresses in the state.

Claimants counsel, Henry Bello had in his argument asked the court to dismiss application for stay of proceedings by the defendant Counsels, Tuduru Edeh (SAN) and Emenike Ebete, saying that the court should go ahead to hear the matter, insisting that the appeal, pending in the Appeal Court is not ripe for hearing.

Our correspondent reports that Justice Ben-Whyte in his ruling said it would amount to abuse of court process and against the rules of the court, which states that when an appeal has been entered in a matter, the trial court ceases jurisdiction of the matter pending the determination of the appeal.

The development dashed the hopes of the applicants, who earlier believed that their motion on notice would sail through.

Speaking to newsmen outside court room, claimant Counsel, Henry Bello explained that his clients approached the court because they were excluded from participating in the process leading to the APC Congresses.

He said the court stayed proceedings as a mark of respect to the appeal Court, which is a senior court, in which appeal by the APC is pending.

On his part, Counsel to APC, Tuduru Edeh (SAN), noted that the court’s decision to stay proceedings in the matter was in order.

Tuduru said that upon being aware of an order of a High Court asking the APC to maintain status quo in a motion on notice filed by those he called ‘people who claim to be APC members’, the party proceeded to file conditional appearance and appealed against the assumption of jurisdiction and the exparte orders made by the court.

He said: “So we filed a motion to stay proceedings and then brought it to the notice and attention of the court as required by law and our application was granted.

Recall that Stephen Wonah and six other aggrieved APC members had filed court case against the APC and its state Caretaker Committee Chairman, Abbot-Ogbobula, seeking the court to order parties to maintain status quo pending hearing and determination of the motion on notice for interlocutory injunction which sought to stop APC from conducting local government and state congresses.

This is happening after the APC had finished conducting its ward congress across the twenty three Local government Areas of Rivers State last Saturday.