The Federal High Court in Kano has issued a counter order to the ruling of the FCT High Court which suspended Adams Oshiomhole as the National Chairman of the All Progressives Congress (APC).
The Kano court, which has a similar jurisdiction with the FCT high court, delivered the counter order on Thursday.
Justice Lewis Allagoa, who gave the ruling, also ordered the police and the Department of State Services (DSS) to provide security for Oshiomhole to enable him resume office.
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The FCT high court presided over by Justice Danlami Senchi, had in a ruling on Wednesday suspended Oshiomhole and asked him to step down as the APC national chairman pending the outcome of the suit seeking his removal from office.
The judgement of the court prompted Oshiomhole to immediately appeal the ruling. In the notice of appeal filed on four grounds, Oshiomhole faulted the “whole ruling” of the trial court which granted the motion on notice for interlocutory injunction.
He alleged, among other claims that the court erred in law and arrived at a wrong conclusion which occasioned a miscarriage of justice when it decided that question that his performance as APC national chairman would interfere with the party membership rights of the first to sixth respondents in the suit, at the interlocutory stage.
The appeal, which was filed by Oshiomhole along with the APC, therefore, sought an order of the appellate court to set aside the ruling of the trial court.
Excerpt of the ruling
Justice Alagoa said, “That all the parties to this suit are directed to maintain the status quo ante bellum pending the hearing and disposal of the motion on notice filed herein that is, an order directing the 1st, 3rd, 4th and 5th defendants either by themselves, servants, privies, assigns or any officer howsoever described and whatever name called from giving effect to the purported resolution of the ward, Etsako West Local Government area of 2nd November, 2019 suspending the 2nd defendant (Oshiomhole) as a member of the 1st defendant (APC) pending the hearing and determination of the motion on notice.
He also stated that the “3rd defendant (INEC) is restrained from dealing, communicating or howsoever recognizing any person order than the 2nd defendant (Oshiomhole) as the National Chairman of the 1st defendant (APC) for any party business or carrying out any duties vested on the commission by the Electoral Act.
“Furthermore, that the time the defendants in this suit shall enter appearance and file their processes in defence of this suit is abridged to seven (7) days.”
Justice Lewis Alagoa adjourned the matter to 8th April, 2020 for hearing.
Court should stay outside in the party internal matters and allow the members of the calcus to resolve the issues. And strike out any party matters that lack jurisdiction to try in the court.