By Ikechukwu Nnochiri
ABUJA – The Abuja Division of the Court of Appeal, yesterday, reserved its judgment on an appeal that was lodged against Governor Timpre Sylva of Bayelsa State by the Peoples Democratic Party, PDP.
The party is challenging the legality of a court injunction that was granted to the governor by a Federal High Court in Abuja on November 16.
The high court had ordered the party to suspend the gubernatorial primary election it conducted in Bayelsa State on November 16, pending the hearing and determination of a motion on notice that was entered before it by the incumbent governor of the state.
Justice Gabriel Kolawole who gave the ex-parte injunction, specifically warned that, “in the event, perhaps, unlikely that the 2nd defendant (PDP) in defiance of these orders, takes steps which may be prejudicial, perhaps subversive, of these orders and of these proceedings before the return day which I have fixed at 22/11/2011, this court will without much ado, proceed to making such necessary orders to nullify such steps or decisions taken once they are served with the processes and/or orders made herein in order to uphold and protect the sanctity of the court’s processes and to vindicate the integrity of the court as the established constitutional arbiter between the state and the citizens and between the citizens inter se.”
However, feigning ignorance of the said order, the party went ahead with the primary election as scheduled, even as it subsequently briefed its national legal adviser, Chief Olusola Oke, to challenge the jurisdiction of the trial judge to grant such ex-parte injunction.
Consequently, PDP took the case before the appellate court, a move that forced the trial court on November 22 to stay further proceeding on Sylva’s suit.
After listening to all the parties yesterday, a 5-man panel of justices led by Justice Zainab Bulkachuwa, reserved judgment on the case indefinitely, saying the date would be communicated to all the parties.
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