Yenagoa—A Bayelsa state High Court sitting in Yenagoa, on Monday, halted proceedings into a suit seeking to stop the Bayelsa state chapter of the All Progressive Congress, APC from conducting its ward, local and state congresses earlier slated for Saturday, 31st July 2021.
Leadership Newspaper reports that Justice Iniekenimi Uzaka gave the ruling on Monday after the counsel to the APC, Shuaibu Aruwa Esq, brought to his knowledge the two separate notices, before the Court of Appeal in Port Harcourt.
The two notices are seeking orders for the lower court to stay execution on its interlocutory order and stay proceeding order, stopping the party’s ward congress.
The hearing into the Interlocutory order at the Court was not without drama as two legal counsels appeared at the court claiming to represent the APC.
Both Shuaibu Aruwa Esq and C.T.Olorogun Esq made a strong claim to have been directed by the APC to hold brief for it at the State High Court.
C.T.Olorogun Esq claimed to have been the Legal Officer of the APC in the State and had received the processes filed by the claimants against the Party stopping the Saturday 31st July 2021 congress.
It was reported that Shuaibu Aruwa Esq, however, presented to the presiding judge, copy of a letter from the National Headquarters of the APC mandating him to hold brief in the matter, before the court and that the purported State Legal Officer of the Party, C.T.Olorogun had been suspended and expelled from the party for alleged anti-party activities.
Justice Iniekenimi Uzaka, upon hearing the positions of both counsels, upheld the argument by Shuaibu Aruwa Esq that he was the authentic legal counsel of the Party.
He stated that C.T.Olorogun, who was the Legal Officer of the Bayelsa chapter of the Party had been expelled, alongside others and was not with the needed authority letter from the National Headquarters of the party, mandating him to represent them in court.
Shuaibu Aruwa Esq after being recognized as the authentic counsel of the APC by the court proceeded to notify the Court that APC had filed a notice of Stay of Execution and Stay of proceedings on the matter at the Court of Appeal, Port Harcourt division.
He sought the court to adjourn sine die pending hearing and determination of the notices before the Court of Appeal
But the Counsel to the claimants, Perekedou Fawei Esq objected and kicked against the oral application of the APC’s counsel for the court to adjourn sine die.
He argued that the oral application for adjournment by APC is against Court rules and would not allow the appellant the opportunity to respond.
Fawei made the point that the oral application is an abuse of court processes and accused the APC counsel of doublespeak.
Such application, according to him, should have been backed by affidavit, application and motion.
Justice Iniekenimi Uzaka, in his ruling, adjourned the hearing on notice till 27th September pending the outcome of proceedings on notices before the Court of Appeal.
Speaking with newsmen after the court session, Shuaibu Aruwa Esq of APC noted that though the decision of the court to stay proceeding was to allow the Court of Appeal decision in other not to affect the subject matter in the lower court.
He however argued that due to the rule of the Court, the life span of the interlocutory order issued by the Court, which is seven days, has expired.
”It cannot go beyond seven days. So as we are talking, there is no court order stopping APC from conducting its ward congresses in Bayelsa,” he said.
Meanwhile the Claimant’s Counsel, Perekedou Fawei Esq described the position of the APC Counsel as an “apprehension of the Law.”
He stressed that the life span of the interlocutory order stopping APC from conducting its congress is seven days safe for where the court expressly elongates or vacates it.
According to him, the interlocutory order subsists, until the motion is taken.
“That was why the matter was adjourned till today for the motion to be taken. But of course, the motion was not heard. That means the interlocutory order subsist until the motion is heard,” he stated.
