Victor EzejaThe ruling party had also lodged an appeal at the Court of Appeal and filed an application for injunction restraining enforcement. The application was heard in Abuja on Monday.
Information gleaned from the legal team of the party indicates that the main application which places notice on the respondents had been fixed for June 9, 2022.
Join our WhatsApp ChannelThe judgement order issued by Justice A.M Liman of the Kano Federal High Court of Nigeria followed an originating summons dated the 23rd day of May, 2022 and filed on the 24th day of May, 2022.
The decision of the court allows senators and House of Reps members to vote during conventions, congresses and meetings.
But lawyers have argued that the judgement was declaratory and therefore not enforceable without further proceedings to make executory through another court order.
There are concerns that even if the statutory delegates do not vote in the June 6 and 7 convention, outcomes of future litigations could affect the post election fortunes of the party.
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The Suit No FHC/KN/CS/137/2022 had prayed the court to declare that Section 84(8) cannot be interpreted to have excluded statutory delegates from voting at the convention, congress or meeting by virtue of Section 223 of the 1999 Constitution (as amended) and Article 20(iv)(c) of the All Progressives Congress Constitution, which allow Statutory Delegation to vote at convention, congress or meeting.
The suit, which was filed by Senator Mas’ud El-Jibrin Doguwa, Hon. Habibu Sani and Hon. Bilyaminu Yusif Shinkafi, had the Senate President, National Chairman of the APC, Speaker of the House of Representatives, and Chairman of the Independent National Electoral Commission (INEC) as defendants.
Justice Liman, in delivering the order, noted that the second defendant filed a counter affidavit in opposition to the originating summons dated 1st of June, 2022 while the 1st, 3rd and 4th Defendants did not file any process in the suit.
”It is hereby ordered as follows:
That Section 84(8) cannot be interpreted to have excluded statutory delegates from voting at the convention, congress or meeting by virtue of Section 223 of the 1999 constitution (as amended) and Article 20(iv)(c) of the All Progressives Congress (APC) Constitution, which allow statutory delegation to vote at convention, congress or meeting,”
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