Justice Othman Musa of High Court of the Federal Capital Territory (FCT) sitting in Bwari has granted an injunctive order restraining Daniel Nwafor from parading himself as the Imo State chairman of the All Progressives Congress (APC).
The suit was filed in 2018 and judgment was delivered on August 14, 2018.
By the motion, the first defendant/applicant (APC) is seeking “An order for unconditional stay of execution/enforcement of the judgment of the court delivered on August 14, 2018, pending the hearing and determination of the appeal filed by APC against the said judgment.
The APC also sought an order restraining Nwafor’s agents, messengers, privies, representatives, and/or any person(s) acting pursuant to the third defendant as the Imo State chairman of APC, thereby giving effect to the said judgment of the court delivered on August 14, 2018, pending the hearing and determination of the appeal filed by the party against the said judgment.
A copy of the enrolled order dated July 16, cited by judiciary correspondents on Monday, disclosed the grounds upon which Justice Musa granted the restraining order.
The court noted: “The 1st defendant/applicant has filed a notice of appeal which raises serious and triable questions of territorial, substantive and procedural jurisdiction of the court to entertain the suit.
“The 1st defendant/applicant discloses substantive and recondite issues of misapplication of which go to the root of the matter.”
Therefore, Justice Musa held that he was moved to grant the restraining order because it was incumbent on his court to preserve the Res in the case in order not to foist a faith accompli on the Court of Appeal and/or render its eventual decision on the appeal before it nugatory.