A five-man panel of justices of the apex court led by Justice Kayode Ariwola, adjourned to determine the merit of a suit that is seeking to set aside the judgement of the Abuja Division of the Court of Appeal, which sacked Mr Daniel Nwafor as the Chairman of the APC in Imo state.
The apex court okayed the appeal for judgement after all the parties adopted their final briefs of argument.
The APC had through its lawyer, Robert Emukpoeruo, SAN, urged the court to allow the appeal marked SC/CV/884/2020.
It contended that the appellate court erred in law when it okayed Nwafor’s removal, based on a pre-election matter that was lodged before a High Court of the Federal Capital Territory, Abuja, by one of its chieftains in the state, Mr. Evan Enwerem.
Whereas Enwerem, who was listed as the 1st Respondent in the matter, prayed the Supreme Court to dismiss the appeal, Nwafor, aligned himself with the APC.
It will be recalled that the Abuja High Court had in a ruling Justice Othman Musa delivered on July 20, 2020, ordered Nwafor not to enforce or give effect to a 2018 judgement of the court that recognised him as Chairman of APC in Imo state, pending the determination of the appeal that was filed by the party.
Justice Musa noted that the crux of the appeal by the APC was that at the time the court entertained the suit that led to the judgement that recognized Nwafor as its Chairman in Imo, it was more than 14 days from the date it held congresses in the state.
Consequently, while granting an order to set aside the judgement, Justice Musa issued an injunctive order that restrained Nwafor from functioning as Chairman, pending the determination of the case.
Specifically, the court held that: “An order is hereby made restraining the 3rd defendant/counter claimant either by himself, officers, agents, subordinates or any person claiming through him from enforcing or giving effect to the judgment of this Court delivered on 14/08/2018 in FCT/HC/BW/CV/103/2018, pending the hearing and determination of the appeal filed by the 1st Defendant /Applicant (APC). Continue Reading