Alhaji Aliyu Babayo Misau has been restrained by the Bauchi State High Court from parading himself as the substantive chairman of the All Progressives Congress (APC) in the state, pending the hearing and determination of the motion on notice, News About Nigeria reports.
The Presiding Judge, Justice Umar, granted the order to restrain Babayo from parading himself as the State APC chairman.
This followed a suit, No/BA/07/992/2023, filed by concerned citizens of the APC against Alhaji Aliyu Babayo Misau.
Counsel to the plaintiffs, Barrister Isa Mohammed, filed a motion via a writ of summons, accusing Misau of contravening the party’s laws and acting against the victory of the Party in the recent gubernatorial 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 loss in the gubernatorial election.
He also informed the court that it was in the interest of justice to grant the application to avoid any form of chaos from aggrieved members.
He asked the court to restrain Misau from parading himself as the Chairman of the Party pending the determination of the substantive suit.
Mohammed requested the court to grant a Mandamus order directing the APC to appoint a caretaker pending the outcome of the substantive suit.
Justice Umar ordered the parties to expedite the process of their case, with the applicant filing and serving his Motion on Notice and the originating summons within two weeks.
When the judge granted the order, the plaintiffs failed to serve Babayo through their counsel and asked the court for a substituted means of service, specifically by pasting the documents on the respondent’s last known place of abode or at his house situated at Makurdi Road, GRA Bauchi, Bauchi State.
This request was granted by Justice Umar, who fixed December 11, 2023, as the return date for the hearing on the motion on notice.
