The Bauchi State High Court Number Seven presided over by Justice Lamido Kabir Umar has granted an interim order that restrained Alhaji Aliyu Babayo Misau from parading himself as the substantive chairman of the All Progressives Congress (APC) in the state pending the hearing and determination of a Motion on Notice.
The court is hearing a suit No/BA/07/992/2023 berween plaintifs APC Concerned Citizens and defendants Alhaji Aliyu Babayo Misau All Progressives Congress (APC).
Counsel to the plaintiffs Barrister Isa Mohammed filed a motion vide writ of summons alleging that Babayo contravened the laws of the party and has acted against the victory of the party in the recent governorship election in Bauchi State.
He told the court that the chairman acted against the party constitution during the general conduct of the election 2023, because his conduct has contributed to the failure of the governorship election in the state.
Barrister Isa said it is 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 restrain the APC chairman from parading himself as the chairman of the party pending the determination of the substantive suit.
Barrister Isa also asked the court to grant of Mandamus order directing the APC to appoint caretaker pending the determination of the substantive suit.
Justice Umar granted the order restraining Babayo from parading himself as Bauchi 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 14 days.
When the judge granted the order, the plaintiffs were unable to serve Babayo, their counsel asked the court for subtituted means of service vide substituted means to wit: by pasting same on the respondent’s last known place of abode or at his house situates at Makurdi Road, GRA Bauchi, Bauchi State, which was granted by Justice Umar
The judge has fixed 11th December 2023 as the return date for hearing on the motion on notice.
