The Federal High Court in Abuja, on Thursday, refused to grant an application seeking an interim order restraining Senator Ireti Kingibe from parading herself as a member of African Democratic Congress (ADC).
Justice Peter Lifu, in a ruling, rather ordered the plaintiffs in the suit to put Kingibe, who currently represents the FCT at the Senate, on notice to show cause why the reliefs sought should not be granted.
Justice Lifu subsequently adjourned the matter until May 20 for hearing of all pending applications, including a preliminary objection filed by counsel to the lawmaker, Marshall Abubakar.
Two executive members of ADC in Wuse Ward, Abuja had sued Kingibe as sole defendant.
The plaintiffs; Mr Okezuo Kanayo, Chairman of ADC, Wuse Ward, and his Secretary, Mr Isaiah Sameul, had filed the ex-parte motion through their lawyer, Kolawole Olowookere, SAN.
In the motion, dated March 17 and filed same date, the plaintiffs sought three reliefs.
They prayed the court for an order of interim injunction restraining the defendant from parading herself as a member of ADC pending the hearing and determination of the motion on notice for Interlocutory Injunction filed in this suit.
They sought an order of interim injunction restraining Kingibe from performing any functions, attending meetings, or participating in any activities reserved for ADC’s members representing the party in any capacity whatsoever, pending the hearing and determination of the substantive suit.
The plaintiffs also sought an order of interim injunction restraining the senator from further interfering with the administration of the Wuse Ward Executive Committee of ADC, ward membership register and other official documents, pending the hearing and determination of the motion on notice.
In their seven grounds of argument, their lawyer submitted that Kingibe, though a sitting senator, is first a member of ADC and is bound by the party’s constitution.
He said following substantiated allegations of anti-party activities, gross misconduct, and the physical confiscation of the ward’s statutory records, the Wuse Ward Executive Committee, on March 10 suspended her.
According to Olowookere, the suspension followed due process as enshrined in the ADC Constitution and was ratified by a two-thirds majority of the executive committee.
The lawyer said despite the communication of the suspension, Kingibe had continued to hold parallel meetings, issue press statements as an ADC member, and utilise her security detail to intimidate the ward executives, thereby creating a state of anarchy.
“There is a real and imminent danger that the plaintiffs/applicants’ right to maintain party discipline and the status quo will be overreached and rendered nugatory unless this court intervenes.
“The defendant/respondent’s actions constitute a flagrant disregard for the internal dispute resolution and disciplinary mechanisms of the party,” he said.
Olowookere argued that it would be just and convenient for the court to intervene to preserve the res and the status quo ante bellum.
But in her notice of preliminary objection to the suit filed by Abubakar, the lawmaker equally sought three reliefs.
Kingibe sought an order that the court had no jurisdiction to hear or try the case.
She also sought “an order striking out this suit for want of Jurisdiction.”
The senator equally urged the court for am order directing the plaintiffs’ counsel and/or the plaintiffs to pay the sum of N10 million only as cost of the suit in compliance with the provision of Section 83 (5), (6)(b) of the Electoral Act, 2026.
Ruling, Justice Lifu said having carefully considered the motion ex-parte, the court hereby exercised its discretion in favour of the defendant.
The judge, who ordered that Kingibe should be put on notice, adjourned the matter until May 20 for hearing of all pending applications.
