Justice Bello Kawu vacated the interlocutory order made on Nov. 18, following the defence counsel, Shuaibu Aruwa’s application for the court to set it aside.
Justice Kawu said that in vacating the order, he relyied on the recent Supreme Court decision which held that a party member does not have the right to take the party to court.
He however adjourned the case until March 30 for hearing of the substantive suit.
Aruwa (SAN) had moved a motion seeking the setting aside of the interlocutory order and striking out the suit for want of jurisdiction.
He said that the application was supported by a five paragraph affidavit and a written address and adopted all the processes, praying the court to grant them in the interest of justice.
The defence counsel added that the claimant counsel, Mike Enaharo-Ebah did not file any process to counter his application.
In response, Enaharo-Ebah said that Aruwa served him on March 11 and his seven days had not relapsed, adding that his right to respond in line with the rules of the court had been shut out.
He asked the court to reconsider an application to adjourn in other for him to file counter affidavits.
Aruwa in response said that he served the claimant since March 9 through the former claimant counsel, F.O. Ekpa, adding that the seven days elapsed on March 16.
Malam Salisu Umoru had dragged APC, the Chairman of the Caretaker Extraordinary Convention Planning Committee, Gov. Mai Mala Buni and the Independent National Electoral Commission (INEC) to the court challenging the planned convention.
