Sunday, March 3, 2024

Suspension: Court fails to sit over Oshiomhole’s appeal

The Court of Appeal in Abuja, on Monday, failed to hear the appeal by the National Chairman of the All Progressives Congress, APC, Adams Oshiomhole over his suspension from office.

A three-member panel of justices of the court,  presided by Justice Stephen Adah, said the second panel was not ready after taking other appeals. No date was, however, fixed for the hearing. Oshiomhole had appealed the ruling of an FCT High Court which suspended him from office.

Oshiomhole asked the appellate court to allow the appeal and set aside the ruling of the high court delivered on March 4. The application, which has four grounds of appeal, joins the following ward members of APC in Edo as respondents: Comrade Mustapha Salihu, Anselm Ojezua, Alhaji Sani Gomina, Hon. Fani Wabulari, Evangelist Princewilll Ejogharado, the Inspector General of Police, and the State Security Services.

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Oshiomhole, in the application by his lawyer, Damian Dodo, SAN, is contending that the issues determined by the high court at the interlocutory stage were issues that ought to be decided at the substantive stage.

He argued that the trial judge erred in law and “arrived at a wrong conclusion which occasioned a miscarriage of justice when at the interlocutory stage it decided the question that the Appellant (Oshiomhole), in the performance of his duties as National Chairman of the 2nd Appellant (APC) would interfere in the 6th Respondent (Ejogharado)s’ membership rights of the 2nd Appellant.

”He further argued that the high court erred in law when it “arrived at a wrong conclusion which occasioned a miscarriage of justice when after ordering the filing of the pleading, it immediately set down Motion for an interlocutory injunction for hearing in the absence of pleadings and proceeded to hear and determine same in the absence of pleadings.

The trial court determined the Motion for an interlocutory injunction, without recourse to triable issues which ought to have been discerned from pleadings.

Oshiomhole is further contending that the high court erred in Law “and arrived at a wrong conclusion which occasioned a miscarriage of justice when it held that the 1 st — 6th Respondent (the ward members) had disclosed a legal right that required to be protected by the grant of the interlocutory injunction.

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He submitted that the high court erred in law “and arrived at a wrong conclusion which occasioned a miscarriage of justice when in deciding the balance of convenience it held that the Appellants arguement that a grant of the interlocutory injunction will disrupt its function was untenable and relied upon extraneous construction in arriving at its decision”.

Meanwhile, Governors under the ruling All Progressives Congress, APC is set to meet today in Abuja as part of efforts to resolve the crisis rocking the party, involving the National Chairman of the party, Adams Oshiomhole, said the Nasarawa State governor, Abdullahi Sule.

According to him, the Governors will also parley with President Muhammadu Buhari to seek his intervention, as leader of the party, with a view to finally resolving the crisis within the ruling party.

An FCT High Court in Jabi, Abuja had suspended Oshiomhole as the national chairman of the APC. Justice Danlami Senchi, on 4th March, 2020 ordered Oshiomhole to step down pending the determination of the substantive suit seeking his perpetual removal as the APC chairman. However, Oshiomhole got a Federal High Court sitting in Kano to set aside his suspension as the national chairman of the party.

Signaturetv.org/Daily Trust/OA

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