Loyalists of the National Legal Adviser of the All Progressives Congress (APC) have lost a bid to stop delegates from Lagos State from participating in Saturday’s national convention of the party in Abuja.
A Federal High Court sitting in Abuja under Justice Binta Nyako on Wednesday declined to grant their application for an injunction to stop the Lagos delegates and other elected executives from attending the convention.
Justice Nyako said it would be unfair to do so since the other parties who would be affected by the case were not joined by the plaintiff.
Bunmi Church, a known Banire ally, who claimed to be an aspirant for APC chairmanship in Mushin, had approached the court for an injunction to stop the delegates.
He claimed he was denied participation in the Mushin local government congress.
Wednesday’s ruling was read by Justice BO Quadri because Justice Nyako was bereaved following the death of her co-wife, Zainab Nyako.
In the ruling, Nyako posed two issues for determination.
One, whether having not participated, the plaintiff can challenge the results of the Ward and Local Government Congresses held in Lagos.
Two, whether the court can make an order that will affect all interested parties in their absence.
Citing the case of NEC vs. Nwogwu (1993 2nd Nigeria Weekly Law Report), the judge held that it would be premature to grant the application because all the parties that would be affected have not been brought to court.
“This application fails and cannot be granted because all the parties that will be affected have not been brought to court,” the judge held.
A date will be picked later for the hearing of the substantive case.
Chairman of Lagos APC, Tunde Balogun, who was in court on Wednesday, has expressed joy at the verdict.
He said an applicant who was not known to the party was seeking to drag the majority of APC leadership and membership in the state down based on a framed-up excuse.
