…As Appellate court sets aside FHC order, on Edo APC primary***
An FCT High Court Maitama on Thursday extended an order given earlier permitting Chief Victor Giadom to act as the National Chairman of the party to 14 days, even as rumour of the APC Acting National Chairman, Sen. Abiola Ajimobi’s death was denied.
Giadom secured a two-week extension on the heels of Appeal Court’s affirmation of suspension of Adams Oshiomhole on Wednesday.
Justice Samira Bature, had on March 16 granted the interim order in a motion ex-parte, marked FCT/HC/M/6447/2020, filed by APC National Vice Chairman (North-East), Comrade Mustapha Salihu.
Joined as defendants in the motion are Babatunde Ogala; Lanre Issa-Onilu; Waziri Bulama and the party, APC.
Salihu had approached the court, through the exparte motion, seeking for an interim order allowing Giadom to pilot the affairs of the party as acting chairman .
Also to preside at all meetings of the party’s National Executive Committee (NEC) pending the decision of the party’s NEC fixed for March 17.
The applicant also sought an interim order restraining the APC and its officers or anyone purporting to act as an officer of the 4th defendant (APC) from preventing or in any way disturbing Giadom from functioning as the acting chairman.
Adding that, unless otherwise decided by the NEC of the party pending the hearing of the motion on notice.
Wole Afolabi, counsel for the plaintiffs approached the court for an extension of the interim order.
Justice Bature granted a two-week extension of the court’s March 16 interim order in line with Rule 3 of the Covid- 19 Practice Direction of the FCT High Court.
Also read: APC’s crisis moves to next level as Ajimobi emerges acting National Chairman
“Consequent and in line with Rule 3 of the Covid- 19 Practice Direction of the FCT High Court, 2020, the order of this court made on the 16th day of March, 2020 is hereby extended for a period of two (2) weeks.
“Application is hereby granted as prayed,” Bature stated.
In a related development, the Court of Appeal, sitting in Benin, has also set aside the June 8 judgment of the Federal High Court, Benin, restraining the All Progressives Congress (APC) from conducting the June 22 governorship primaries in Edo.
The Appeal Court, sitting in Benin, also ordered the continuation of the trial at FHC, which will hold on Friday.
The presiding judge, Justice Morenike Ogunwomiju was accompanied by Justices Sam Oseji and Moore Adumein, in Thursday evening’s judgments.
Ogunwomiju, in the appeals by APC and its suspended National Chairman, Adams Oshiomhole, described as problematic, the order by Justice Mohammed Umar of FHC, Benin.
In the lead judgment in the suit by APC, Ogunwomiju said “the trial judge (Justice Umar) gave a problematic order that was not sought by the parties to the suit’’.
She said that as at June 8 when the order was given, the APC in Edo had 14 days to organise governorship primaries, noting that every judge must be a democrat.
“The appellant (APC) is 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,’’ she said.
In his dissenting judgment in the suit, 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.
He 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 as amended.
Adumein added that the 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.