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By Lizzy Chirkpi
The leadership crisis rocking the Peoples Democratic Party (PDP) took another dramatic turn on Friday as the Federal High Court in Abuja suspended further hearing in a suit filed by a faction loyal to the Minister of the Federal Capital Territory, Nyesom Wike, pending the outcome of an appeal before the Court of Appeal.
Justice Joyce Abdulmalik adjourned proceedings in the contentious case to February 20, following arguments by defence counsel that the trial court no longer has jurisdiction after the entry of an appeal.
The suit was instituted by the Wike-aligned faction of the PDP, led by its acting National Chairman, Mohammed Abdulrahman, and factional National Secretary, Senator Samuel Anyanwu, against the rival camp headed by Tanimu Kabiru Turaki.
The plaintiffs are seeking an order of injunction restraining Turaki and other defendants — listed as the 5th to 25th defendants — from parading themselves as leaders or representatives of the PDP in any capacity.
At the resumed hearing, counsel to the defendants, Chris Uche, SAN, formally applied to withdraw an earlier motion seeking a stay of proceedings. The application was not opposed by the plaintiffs’ counsel, Onyeachi Ikpeazu, SAN.
In a brief ruling, Justice Abdulmalik struck out the motion, noting that it had been validly withdrawn.
Shortly after, Uche informed the court that the defendants had already entered an appeal on a key aspect of the suit at the Court of Appeal, Abuja Division, and urged the court to adjourn proceedings indefinitely.
“Once the record of appeal has been entered, jurisdiction is automatically transferred to the appellate court,” Uche argued, insisting that the Federal High Court could no longer continue with the substantive matter.
Ikpeazu, however, opposed the request for an indefinite adjournment, arguing that the defence failed to back its application with an affidavit.
“There are no facts placed before this court to justify the request. The application is speculative and should be discountenanced,” Ikpeazu submitted
Despite the objection, Justice Abdulmalik partly upheld the defence’s argument, agreeing that the entry of appeal raised a jurisdictional issue that could not be ignored.
“This court will not delve into the substance of the matter while an appeal on a fundamental aspect of the suit is pending,” the judge ruled, before adjourning the case to February 20.
The February 20 adjournment is expected to hinge on the progress and outcome of the appeal currently before the Court of Appeal, which may ultimately determine the direction of the leadership dispute.