Suspension: Oshiomhole’s appeal suffers setback Appeal Court adjourns hearing indefinitely
The appellate had failed to sit to hear the appeal while he remained suspended.
A three-man panel of Justices of the court led by Justice Stephen Adah, had after they concluded hearing on other appeals on the cause list, told Oshiomhole’s team of lawyers that another panel would return to hear his appeal.
About five minutes after the Justice Adah-led panel retired to their chambers, a clerk of the appellate court came back and informed all the parties that the appeal would be heard at a later date.
He announced that a new date would be communicated to both parties.
Oshiomhole, who was visibly displeased with the development, stormed out of the courtroom in the company of a handful of his supporters that included a governorship aspirant of the APC in Edo State, Pastor Osagie Ize-Iyamu.
The development came barely 24 hours to a National Executive Council, NEC, meeting that was called by members of the National Working Committee, NWC, of the party that are opposed to Oshiomhole’s chairmanship.
It will be recalled that Oshiomhole had in his four-ground of appeal, maintained that only the NWC or the NEC of APC could suspended him from office.
Oshiomhole, contended that the Abuja court lacked the powers to temporarily suspend him as the National Chairman of the APC.
He wants an order allowing the appeal and setting aside the interlocutory injunction suspending him as the National Chairman of the APC.The Inspector General of the Police and the State Security Service were cited as the 7th and 8th Respondents in the appeal.
Justice Danlami Senchi of the FCT high court at Jabi had in a ruling on March 4, ordered Oshiomhole to stop parading himself as the National Chairman of the APC, pending the determination of a substantive suit that was brought against him by six aggrieved members of the party.
The plaintiffs, Mustapha Salihu, Anslem Ojezua, Alhaji Sani Gomna, Oshawo Steven, Hon. Fani Wabulari and Evang. Princewill Ejogharado, had in their suit marked FCT/HC/CV/837/2020, insisted that Oshiomhole had no right to continue to perform the duties of the National Chairman of the APC, having been suspended as a member of the party from his Etsako ward 10, in Edo State.
They argued that since his suspension remained extant, his rights as a member of the party had abated.
Though the court fixed April 7 to hear the substantive matter, it however agreed with the plaintiffs, noting that Oshiomhole failed to appeal against his suspension from the party.
Justice Senchi, held that the 2nd Respondent (APC), wrongfully retained Oshiomhole as the National Chairman of the party in view of the affidavit evidence before the court.
Apart from temporarily suspending him from office, the judge directed the party to stop acknowledging Oshiomhole as its National Chairman, adding that he should be denied access to the party’s Secretariat.
Senchi had warned that political parties must be bound by their constitution.