It was another crushing blow for the National Legal Adviser Muiz Banire’s camp in its desperate bid to stop the All Progressives Congress 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 Murtala Nyako on Wednesday morning declined to grant an application from Banire’s camp seeking 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.
One Bunmi Church, a known Banire ally, claiming to be an aspirant for APC Chairmanship in Mushin LGA, had approached the court for an injunction to stop the Lagos delegates. He claimed he was denied participation in the LGA Congress.
Justice Nyako’s ruling was read by Justice B. O. Quadri because she was bereaved.
In the ruling, she 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 in tha absence of all interested parties, the court can make an order that will affect them.
Citing the case of NEC Versus 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.
Meanwhile, the Chairman of the Lagos APC, Alhaji 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.
One of the outspoken leaders of the Banire Camp, Mr. Fuad Oki, who was earlier sighted in court, immediately disappeared, as he sensed the direction the verdict was going.