By Vivian Okejeme
Justice Inyang Ekwo of the Federal High Court, Abuja, Thursday, ordered parties in a suit filed by Mr Sesugh Kaaba against the All Progressives Congress (APC) and the Independent National Electoral Commission (INEC) to maintain status quo pending the determination of the matter.
At the resumed proceeding, counsel to the Plaintiff, Mr Mohammed Ndarani-Mohammed notified the court that the matter was scheduled for the defendants to show cause why the reliefs sought in the application should not be granted.
He said the plaintiff had received the affidavits to show cause filed by both defendants in compliance with the court’s order and was ready to adopt the processes.
Reacting, counsel to the APC, S. D. Swem, informed the court that the party had filed an affidavit to show cause and a counter affidavit to the plaintiff’s motion on notice but was yet to file its response to the originating summons.
However, counsel to INEC, Mr Oluwole Olukunle, said the commission had responded to all the processes filed by the plaintiff.
Justice Ekwo said that the parties had submitted to the court’s jurisdiction by filing their processes.
The judge stated that once a matter was pending before a court, parties were automatically restrained from taking steps outside the court’s directives.
“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,” he said.
The plaintiff’s counsel urged the court to caution the APC from taking any further action while the suit was pending.
” We will appreciate if the court will caution the 1st defendant to yield to the advice given by the court,” he said.
Justice Ekwo, however, clarified that he had not given an advice but that he had stated the law.
In his ruling, the judge noted that the court had, on July 8, ordered the defendants to show cause why the plaintiff’s ex parte application should not be granted.
He held that since parties had joined issues on the substantive suit, it would be appropriate to proceed with the substantive hearing rather than expend judicial time on the interlocutory application.
Justice Ekwo, therefore, ordered that parties should maintain status quo pending the determination of the case.
The matter is adjourned until July 21, for hearing.
