Nyok|1 February 2019
Contrary to a 31st January Abuja highcourt ruling restraining the Independent National Electoral Commission, INEC to publish the name of Sen John Owan-Enoh (except Usani Uguru Usani) as the authentic governorship candidate of the All Progressives Congress, APC, an Abuja-based legal practitioner has dismissed the argument of the judgment as faulty NEGROIDHAVEN has learnt.
First Baba Isa Esq has asked whether the court can restrain somebody or an institution from doing something it has already done. He cited a 2008 suit with suit number LPELR-8548(CA) between
Francis Morgan Udo V. Incorporated Trustees Of Christian Methodist Episcopal Church.
Isa aired his perspective on his Facebook thread titled, Owan Enoh vs Usani Usani. Excerpt:
'I just heard that a court has restrained INEC from listing, declaring or announcing Owan Enoh or any other person as the APC candidate in Cross River State pending the determination of the suit before it. This order was granted after INEC has already published Owan Enoh as the APC Candidate in Cross River State.
'So, can a court grant an interlocutory injunction restraining a party from doing something that has already been done?
'The Court of Appeal in the case of FRANCIS MORGAN UDO V. INCORPORATED TRUSTEES OF CHRISTIAN METHODIST EPISCOPAL CHURCH (2008) LPELR-8548(CA) answered this question whether an interlocutory injunction can be granted where the acts it seeks to remedy has been carried out?
'The court stated that "It is the law that when a court is asked to restrain a party from doing an act pending the decision in a matter before it, but the act has been done, no order to restrain will be made. This is so because what is sought to be prevented had happened. In other words an interlocutory injunction is not a remedy of an act which has already been carried out, and will not be granted where the act complained of is irregular." Per ORJI-ABADUA, J.C.A.
'I will say no more, for now.'
Efio-Ita Nyok is the blogger-in-chief, editor-in-chief and publisher of NEGROIDHAVEN
