Justice Mohammed Umar of a Federal High Court sitting in Benin City, Thursday declined further hearing on a suit restraining the National Chairman of the All Progressives Congress (APC), Adams Oshiomhole, and his party from conducting any mode of primary election in Edo state.
Umar however said the court’s ruling on a stay of execution on June 8 restraining the APC and Oshiomhole still subsisted, pending the stay of proceedings at the appeal court.
A governorship aspirant of the party in Edo state, Mr. Mathew Iduoriyekemwen, and a factional state deputy chairman of the party, Kenneth Asekomhe, had dragged the party before the court.
The applicants in the suit marked: FHC/B/CS/48/2020 are challenging the decision of the party’s National Working Committee (NWC) to adopt direct primary election for the nomination of its governorship candidate. The defendants in the suit are APC, Adams Oshiomhole, Independent National Electoral Commission (INEC) and the Inspector General of Police. The applicants had earlier filed an ex-parte motion praying the court to restrain the party from adopting the direct mode of primary.
They also prayed the court to restrain INEC from monitoring the primaries, and the Police from giving effect to the NWC’s direct primaries order.
At the resumed hearing on Thursday, counsel to the second defendant, Roland Otaru said the court lacks the jurisdiction to give the stay of execution order on June 8, hence, they filed a stay of proceedings at the appeal court. He argued that it will be an abuse of court if the court proceeds with the matter, noting that the issue of jurisdiction is like a “traffic light” that should be obeyed, and going further will amount to judicial recklessness. Following argument from both counsels, the presiding Judge thereafter transmitted all court proceedings at the federal high court to the Court of Appeal pending their decision, and adjourned to June 17.
