Edo 2020: Appeal Court Divided Over mode of conducting APC Governorship Primaries
The 3-man panel of the Court of Appeal led by Justice Helen Ogunwumiju decided on the prayers of counsel for APC and the now suspended chairman of the party Adams Oshiomhole asking it to set aside the Federal High Court Order.
The Appeal Court sitting in Benin City has set aside the Federal High Court order restraining the ruling All Progressives Congress, APC from carrying out any action as regard the mode of governorship primaries in Edo State.
The court subsequently referred parties back to the Federal High Court for the determination of the suit.
The 3-man panel of the Court of Appeal led by Justice Helen Ogunwumiju decided on the prayers of counsel for APC and the now suspended chairman of the party Adams Oshiomhole asking it to set aside the Federal High Court Order.
The counsel had argued that the federal high court lacks the jurisdiction to grant the order it issued.
Justice Ogunwumiju in her judgement described the Federal High Court order as “injudicious exercise”.
Out of the 3-man panel, one of the justices in a minority judgement disagreed with the setting aside of the Federal High Court order and upheld the preliminary objections of the first and second respondents.
On June 8, the Federal High Court presided by Justice Mohammed Umar had restrained the All Progressives Congress from conducting the June 22 governorship primary election in Edo State using direct mode.
But Justice Morenike Ogunwomiju who headed the three-man Justices set aside the order by the lower court, saying the trial judge gave a problematic order that was not sought by the parties.
In the lead judgment in the suit by APC, delivered by Justice Ogunwomiju and backed by Justice Oseji, she said: “The trial judge (Justice Umar) gave a problematic order that was not sought by the parties to the suit. As at the date (June cool the order was given, the political party (APC in Edo State) had 14 days to organise its governorship primary election. Every judge must be a democrat.
“The appellant (APC) was not given an opportunity to be heard by the trial court. The injunctive order of the trial court of June 8 is hereby set aside. The administrative orders subsist and the issue of jurisdiction should be determined by the trial court.”
In his dissenting judgment in the APC’s suit however, Justice Adumein declared that the injunctive order of FHC ought not to have been set aside, insisting that the appeal was interlocutory, incompetent and should be struck out.
Adumein noted that the trial court did not make any mistake in the matter, in line with Section 285, Sub-section 8 of the 1999 Constitution of the Federal Republic of Nigeria, as amended, adding that court should not decide cases based on sentiments
In the second suit filed by Oshiomhole, the only judgment was read by Justice Oseji, who declared that the appeal lacked merit and it was premature, thereby striking it out.
Newsflash Nigeria is an online newspaper that is developed and written exclusively for Nigerians. It’s packed with up-to-the-minute Local and National Economy News, Share & Capital Market, Health, Sports, Education, Technology, Business and Opinions.
To make further advert enquiries or place an order, please contact us at [email protected] and +2348053316946 and WhatsApp number 08033546732
FOLLOW US ON GOOGLE
