How Appeal Court set Aside Federal High Court Ruling On Governorship Primaries In Edo State
Thompson Nsisongabasi
Jun 19, 2020
The Federal High Court order restraining the ruling All Progressives Congress, APC from carrying out any action as regards the mode of governorship primaries in Edo State has been set aside by an Appeal Court sitting in Benin City.
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The court subsequently referred parties back to the High Court for the determination of the suit.
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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 High Court Order.
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The counsel had argued that the federal high court lacks the jurisdiction to grant the order it issued.
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Justice Ogunwumiju in her judgement described the High Court order as "injudicious exerciseÔÇØ.
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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.
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Recall that the Court of Appeal on Tuesday upheld the suspension of Adams Oshiomhole as the National Chairman of the All Progressives Congress (APC).The affirmation was given by a three-member panel of the appeal court in Abuja.
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In a judgment delivered by Justice Mohammed Lamido, the panel dismissed Mr Oshiomhole's appeal for lacking in merit and accordingly affirmed the judgment of an Abuja high court which had ordered his suspension as APC national chairman in March 2020.
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Oshiomhole's suspension by the APC in Edo State was as a result of his battle with the state governor, Godwin Obaseki.
A Federal High Court also ruled that his suspension was legal and ordered Mr Oshiomhole to stop parading himself as APC national chairman.
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The suspension was initially lifted after the appellate court granted a stay of execution of the high court's order.
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— Thompson Nsisongabasi