The All Progressives Congress (APC) in Bayelsa State, has filed a notice of appeal and stay of execution against the July 30, 2021 order of the Bayelsa State High Court stopping the party from conducting the ward, local government and state congresses of the party.
Justice Enekinimi Uzaka, of the State High Court, Yenagoa, on Thursday adjourned hearing on the interim injunction granted some aggrieved members of the APC, pending the appeal filed by the party against the ruling of the Court of Appeal in Port Harcourt, Rivers State, at the Supreme Court.
At the sitting of the court, counsel for the APC, Samuel Somiari (SAN), told the court about the party’s motion on notice and stay of execution filed before the Supreme Court, arguing that the court could no longer adjudicate on the matter.
The lawyer also pointed out that the case was a continuum and not a new one, hence it should not impose a fait accompli on the court.
“We have reached the Supreme Court. The High Court should await the outcome of the Supreme Court. It is to pause and go to the Supreme Court,” he told the court.
In his submission, Perekedou Fawei, counsel for the claimants: Ompadec Victor, Esuenifen Obi and Seimiegha Ebobofe, argued that the State High Court had given an order and irrespective of the party’s position, the order must be obeyed.
He said the defendants should not be allowed to flagrantly abuse the order of the court and also urged the State High Court to protect its integrity against the alleged attempt by the APC to abuse it.
Justice Uzaka in his ruling said based on dignity of the processes and the superiority of the courts, he agreed to adjourn the case until February 3, 2022 for parties in the suit to report to the court on the outcome of the Appeal filed by the APC before the Supreme Court.