By Francesca Hangeior
Justice Inyang Ekwo of the Federal High Court sitting in Abuja on Thursday ordered the All Progressives Congress (APC) and the Independent National Electoral Commission (INEC) to maintain the status quo pending the determination of a suit instituted by Hon. (Engr.) Sesugh Kaaba.
Justice Ekwo gave the order after parties informed the court that they had exchanged processes in the suit, prompting the court to hold that issues had already been joined on the substantive matter.
The suit, marked FHC/ABJ/CS/1429/2026, was filed by Kaaba against the APC and INEC.
At the resumed hearing, counsel to the plaintiff, Mohammed Ndarani Mohammed, told the court that the matter was scheduled for the defendants to show cause why the reliefs sought in the plaintiff’s ex parte application should not be granted.
According to the judge, both defendants had complied with the court’s earlier order by filing affidavits to show cause, adding that the plaintiff had received and was ready to respond to the processes.
Counsel to the APC, S. D. Swem, confirmed that the party had filed its affidavit to show cause and a counter-affidavit to the motion on notice, but said its response to the originating summons was yet to be filed.
On his part, counsel to INEC, Oluwole Olukunle, informed the court that the commission had responded to all the processes filed by the plaintiff.
Justice Ekwo observed that by filing their respective processes, the parties had submitted to the court’s jurisdiction and joined issues on the substantive case.
The judge cautioned that once a matter is pending before a court, parties must refrain from taking steps capable of altering the subject matter of the litigation.
“Once a case is pending in court, parties are automatically restrained and if you go ahead to do any other thing, you are taking the law into your hands,” the judge said.
Counsel to the plaintiff thereafter urged the court to caution the APC against taking further actions while the suit was pending.
Justice Ekwo, however, clarified that he was merely stating the legal position and not giving advice to any of the parties.
In a brief ruling, the judge held that since parties had already joined issues on the substantive suit, it would serve the interest of justice to proceed with the hearing of the main case rather than expend judicial time on the pending ex parte application.
He subsequently adjourned the matter until July 21 for hearing and ordered all parties to maintain the status quo ante pending the determination of the suit.