275
By John Azu
The Action People’s Party (APP) has asked a Federal High Court in Abuja to stay proceedings in the suit seeking to de-register five political parties for alleged failure to win electoral seats.
Counsel to APP, Peter Abang brought the application on Monday on the grounds that the party had filed an application before the Court of Appeal in Abuja challenging the ruling of the court, which accepted the amendment of the processes of the plaintiffs: the National Forum of Former Legislators (NFFL) without order.
NFFL had also joined the Action Alliance (AA); the African Democratic Congress (ADC); Accord Party, Zenith Labour Party, and Action Peoples Party (APP) as parties in the matter.
NFFL is contending that the political parties failed to comply with the provision of Section 225A of the Nigerian Constitution, which the Independent National Electoral Commission (INEC) has no residual discretion to retain their registration having failed to satisfy the minimum threshold prescribed under Section 225A of the Nigerian Constitution.
Moving his motion to stay, Abang also challenges the court’s order allowing new parties seeking to join the suit without proper application for joinder.
He informed the court that the records of procedings have been transmitted to the Court of Appeal, thus the lower court ought to hands to avoid rendering its decision null and void.
Cousel to Accord Party, Musibau Adetunbi (SAN) aligned with the application for stay by Abang, submitting “I will urge my lord to adjourn this matter and await the decision of the Court of Appeal.”
The position was echoed by all the lawyers in the matter.
However, counsel to NFFL, Yakubu Ruba (SAN) opposed the application and asked the court to proceed with the matter as there was no more time under the Independent National Electoral Commission (INEC) timetable.
Counsel to INEC, Raiz Mohammed and that of the Attorney General of the Federation, A.O. Abdulraheem, said they have not position on the application.
Justice Peter Lifu also accepted the applications to join the matter as interested parties by brought on behalf of Sani Yakubu-Noma for ADC and Oluwafemi Abayomi Adebambi for the Accord Party.
The judge fixed May 18 for composite ruling and definite hearing.
The judge directed all parties seeking to join the suit to file and exhange their processes and be ready for hearing in the event the application succeeds.