A Federal High Court in Abuja yesterday stayed proceedings in a suit seeking to restrain the Independent National Electoral Commission (INEC) from deploying electronic card readers for the coming elections.
Justice Adeniyi Ademola ordered the stay of further proceedings while ruling on an application to that effect filed by counsel to the All Progressives Congress (APC), Lateef Fagbemi (SAN).
Alex Iziyon (SAN) had initiated the suit on February 26, 2015 on behalf of four political parties, arguing that the proposed use of card readers for elections was a violation of the Electoral Act, which prohibits electronic voting.
The use of card reader,according to him,meant the introduction of electronic element to the voting process.
One of the plaintiffs, Action Alliance (AA) ,withdrew from the suit later, denying that it instructed the filing of the suit.
Another of the plaintiffs, Allied Congress Party of Nigeria (ACPN) has also indicated its intention to withdraw from the suit marked: FHC/ABJ/CS/173/2015.
Yesterday, Fagbemi, with whom were former Attorney General of the Federation (AGF), Akin Olujinmi (SAN) and Kola Awodein (SAN) drew the court’s attention to an application for stay of proceed, which he filed before the Court of Appeal, Abuja.
The APC and some other defendants in the suit had appealed the court’s ruling of March 13 , abridging their time to respond to the substantive suit. While the others applied to the trial court for stay of proceedings, the APC applied to the Court of Appeal.
Fagbemi urged the trial court to stay further proceedings pending the outcome of his appeal.
Iziyon, who had insisted that the court hear the substantive suit with all pending preliminary applications, objected to Fagbemi’s application. He faulted Fagbemi’s application on the ground that he ought to have first, sought a stay of proceedings before the trial court before approaching the appellate court.
Ruling, Justice Ademola held that the Certified True Copy (CTC) of the application by Fagbemi carried the appeal number of the appeal he (Fagbemi) filed.
When an appeal is assigned number, it implies that the appela has been entered and the appellate court has taken cognisance of the appeal. The lower court has no option than to await the outcome of such an appeal.
Justice Ademola noted that the CTC of the motion (filed at the appellate court by Fagbemi and served on the trial court) carries the appeal No: CA/121/2015.
He added that the counsel to the 2nd defendant (Fagbemi) had done what was required under the law. He held that in view of the development, the only option opened to the court was to stay proceedings pending the outcome of the appeal.
Justice Ademola consequently stayed proceedings.
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