Justice Bello Kawu of the High court of the Federal Capital Territory (FCT) on Friday vacated an order stopping the national convention of All Progressives Congress (APC) from taking place.
The ruling party’s convention has been fixed for March 26.
Justice Kawu, in his judgement on Friday, said a political party cannot be sued by a member.
In his judgment on the APC’s application, the judge held that the plaintiff lacked the locus to sustain the restraining order.
The court held that the order of injunction it issued against the APC on November 18, 2021, has been overtaken by a recent judgment the supreme court delivered on a similar matter.
He then adjourned the plaintiff’s substantive suit to March 30 for hearing.
On November 18, 2021, Justice Kawu had granted an order suspending the convention indefinitely after Salisu Umoru, the plaintiff in the suit marked FHC/HC/CV/2958/2021, took the party (APC), the chairman Caretaker Extraordinary Convention Planning Committee and the Independent National Electoral Commission, (INEC) before the court to challenge the planned convention.
Some days ago, Niger State Governor Abubakar Sani Bello took over as the APC caretaker committee chairman — replacing Buni who was appointed to the position in June 2020.
Buni was accused of trying to scuttle the party’s national convention in order to remain as caretaker chairman.
Buni and National secretary of the APC caretaker committee, John Akpanudoedehe, were said to have used a third party to obtain a court order temporarily restraining the ruling party from holding its convention until a substantive suit has been heard and determined.
On March 9, Kaduna State Governor Nasir el-Rufai said the lawyers of Buni colluded with a petitioner to “destroy” the national convention.
el-Rufai described the court order as a “hidden nuclear weapon” that would have hampered the party’s chances in the 2023 general election.
APC, however, approached the court with an application to set it aside.