The Ogun State chapter of the All Progressives Congress (APC), has appraised the ruling of an Abuja High Court, which on Monday, set aside the application for interlocutory injunction filed by the chairman of the dissolved state party exco, Chief Derin Adebiyi and other members of his dissolved executives.
In a statement signed by the Publicity Secretary of the Caretaker Committee of APC in Ogun State, Tunde Oladunjoye, and made available to journalists in Abeokuta on Monday, the party described the court ruling as “justice well-served and a boost for party internal democracy”
The Derin Adebiyi-led executives were alleged of “dual loyalty and working for candidates who left the APC to form another party.”
The National Working Committee (NWC) of the APC had in a letter dated 18th December 2018, with reference number APC/NHDO/GEN/24/018/26 addressed to Chief Derin Adebiyi and signed by the National Chairman of the party, Comrade Adams Aliyu Oshiomole, relayed that “The NWC at its 36th regular meeting of Tuesday 18th December 2018, having considered the above developments in the party in Ogun State, resolved to dissolve the entire state, local government and ward executive committees of the party with immediate effect”.
The dissolved exco, however, approached the FCT High Court to challenge its dissolution. But in his ruling on the case with suit number FCT/CV/363/2018 Aderinola Adebiyi & Ors Vs APC & Ors, on Monday, the presiding judge, Hon. Justice Jude O. Okeke declared that the Originating Summons filed by the former APC Chairman and others, as incompetent and consequently set aside all the processes, including claimants’ application for interlocutory injunction.
This was sequel to the notice of preliminary objection filed by the counsel to the defendants, Wale Abeeb Ajayi, challenging the competence of the claimants originating summons, as well as, their Motion for an injunction.
In upholding the submission of Wale Abeeb Ajayi, the court held that once the claimant fails to comply with the mandatory provision in Section 97 of the Sheriffs and Civil Process Act, the court would no longer have jurisdiction to hear the suit.
“In this case, there was no endorsement on the originating summons and the subsequent amendment to it, that they were for service in Ogun State outside Abuja. The originating Summons was therefore invalid and void.”
“The court, therefore, has no jurisdiction over the claimants’ claim and motion for injunction due to the incompetence of the originating processes. Indeed, there was the failure to comply with the mandatory provisions of the law on the endorsement of the originating process to be served outside court jurisdiction”. The judge so ruled.
Join The Conversation
You May Like
Latest
Sunday Igboho breaks silence over IGP’s order for his arrest
Untold story of Michael Boulos, Trump’s son-in-law with strong Nigerian roots
8 die as cement truck crashes into row of shops opposite AAU
Sanwo-Olu commissions 110-bed maternity home, housing scheme in Badagry
Joe Biden in phone talk with Boris Johnson
Video: Gas explosion rocks Port Harcourt community
JUST IN: COVID-19 cases surpass 120,000 mark in Nigeria
Buhari mourns Shehu of Dikwa, Borno’s 2nd ranking ruler
APC bows to pressure, postpones membership registration indefinitely
Gov. Matawalle visits attacked communities
Mama Africa Yemi Alade stuns fans in lovely poses
Guardiola praises players’ reaction against Cheltenham
Outrage over IGP’s order to arrest Sunday Igboho
Abia’s foremost traditional ruler Enweremadu is dead
Sunday Igboho must be arrested now – Miyetti Allah
Gov. Bala Mohammed reacts to resignation of Private Secretary
Troops arrest currency counterfeiting kingpin, seize 5.3bn fake notes
Video of shame: Governor Ikpeazu recalls CoS Agbazuere
Man City survive Cheltenham FA Cup scare
Watch video for “Away” by Mavin artiste Ayra Starr
Married 8 times: The intriguing life of legendary CNN interviewer Larry King