The Federal High Court in Abuja on Thursday rejected application to restrain the senator representing the Federal Capital Territory (FCT), Ireti Kingibe, from participating in the activities of the African Democratic Congress (ADC).
The judge, Peter Lifu, refused the application filed ex parte by some ward leaders of the party in Wuse district of the FCT. The plaintiffs accused the senator of engaging in anti-party activities.
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Instead, the judge directed the plaintiffs to put the lawmaker on notice so she can respond to the allegations. An ex parte request exempts the adverse parties from participating in the hearing. The judge listens to just the applicant and takes a discretionary decision that will only be in place temporarily.
The ward leaders asked the court during Thursday’s hearing to restrain Ms Kingibe from parading herself as a party member and from taking part in its activities.
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But ruling on the application, the judge said the court must exercise its discretion judicially and judiciously, especially in political matters.
He said justice would be best served if both parties have the opportunity to present their cases.
The judge then ordered that all court processes be served on the senator to enable her to prepare her defence.
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He adjourned the matter until 20 April for the hearing of all pending applications.
Meanwhile, a lawyer, Abubakar Marshal, who appeared for the senator but was not heard regarding the ex apte application, told the court that he had filed a preliminary objection challenging the suit.
He added that he served the objection on M. S. Garba, who appeared for the plaintiffs during Thursday’s proceedings.
The suit
The plaintiffs, Okezuo Godfrey Anayo and Isaiah Ojonugwa Samuel, filed the suit on behalf of themselves and other ward members. They listed Ms Kingibe as the sole defendant.
In the ex parte application, the plaintiffs said the ward executives suspended the senator on 10 March over alleged anti-party activities and disregard for the party’s constitution.
They urged the court to grant an interim injunction restraining her from acting as a party member pending the determination of a motion on notice.
They specifically asked the court to bar her from attending meetings, performing functions reserved for party members, or representing the party in any capacity.
They also asked the court to restrain her from interfering in the administration of the ward, including its register and other official activities.
The plaintiffs based their suit on five grounds, including allegations of gross misconduct and confiscation of ward records.
They argued that the ward followed due process in suspending her and that a two-thirds majority of the ward executive committee ratified the decision.
READ ALSO: ADC rejects INEC’s withdrawal of recognition, alleges plan to destabilise party
They said that despite the suspension, Ms Kingibe continued to hold parallel meetings, issued press statements as a party member, and allegedly used security aides to intimidate ward executives.
“Her actions constitute flagrant disregard for the internal mechanism of the party,” the plaintiffs said.
The contention at the grassroots of the party reflects the tension rocks the party in many states and at even the national level.
The Independent National Electoral Commission (INEC) announced on Wednesday that it had suspended recognition of all leadership factions of the ADC following a ruling by the Court of Appeal and ongoing litigation over the party’s leadership.
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