From. Paul Orude, Bauchi
Bauchi State High Court has granted an interim order restraining embattled Alhaji Aliyu Babayo Misau from parading himself as substantive Chairman of the All Progressive Congress APC in the state pending the hearing and determination of the motion on notice.
The suit No/BA/07/992/2023 is between plaintiffs APC concerned citizens and defendants Alhaji Aliyu Babayo Misau as Chairman of APC .
Counsel to the plaintiffs Barrister Isa Mohammed filed a motion vide writ of summons alleging that Misau contravened the laws of the party and acted against the victory of the Party in the recent governorship election in Bauchi state.
Mohammed told the court that Misau acted against the party’s constitution during the conduct of the 2023 general election because his conduct had contributed to the party ‘s in the Governorship election in the state.
He told the court that it was in the interest of justice to grant this application in order to avoid any form of chaos from the aggrieved members.
He asked the court to restrained Misau from parading himself as the Chairman of the Party pending the determination of the substantive suit.
The legal counsel asked the court to grant of Mandamus order directing the APC to appoint caretaker pending the determination of the substantive suit.
The Presiding Judge Justice Umar granted the order to restrain Babayo from parading himself as State APC chairman.
Justice Umar ordered that the parties to fast track their case, the applicant to file and serve his Motion on Notice and the originating summons within fourteen days.
When the judge granted the order , the plaintiffs were unable to serve Babayo their counsel and asked the court for substituted means of service via substituted means to wit: by pasting same on the respondent’s last known place of abode or at his house situated at Makurdi Road, GRA Bauchi, Bauchi State, which was granted by Justice Umar and fixed 11th December 2023. as the return date for hearing on the motion on notice.