A Federal High Court in Abuja on Friday ordered the stoppage of
further proceedings in a suit filed by four political parties seeking
to stop the use of PVCs by INEC.
Delivering ruling, Justice Adeniyi Ademola granted the order following
a notice of appeal brought by Mr Latteef Fagbemi (SAN), counsel to the
second defendants, the All Progressives Congress, APC.
Ademola granted the order staying proceedings in the suit pending the
hearing and determination of the appeal filed by APC.
The defendants had approached the Court of Appeal, Abuja, challenging
an earlier ruling of the court which had ordered the abridgment of
time for the hearing of the suit.
The plaintiffs: United Democratic Party, Action Alliance, Allied
Congress Party of Nigeria and Alliance for Democracy, had sought an
order restraining INEC from using PVCs to conduct the general
The All Progressives Party, APC, Incorporated Trustees of Civil
Empowerment, the Rule of Law Support Initiative, and Incorporated
Trustees of Fiscal and Civil Rights Enlightenment Foundation, later
joined as co-defendants.
The plaintiffs had argued in the originating summons that the proposed
use PVC reader by INEC was in violation of the provisions of the 1999
Constitution and the Electoral Act 2010, as amended.
Ademola had on March 19, 2015, struck out an application filed by the
Allied Congress Party of Nigeria (ACPN), seeking to discontinue as 2nd
plaintiff in the suit.
The judge’s decision followed the filing of a notice of discontinuance
by ACPN’s counsel, Mr Yahaya Abubakar, who told the court that his
client did not authorize anybody to file a suit on its behalf.
Earlier before Friday’s ruling, Dr Alex Izinyon (SAN), counsel to the
plaintiffs, had faulted Fagbemi’s mode of bringing the notice of
appeal and stay of proceedings and urged the court to disregard it.