The suspended National Chairman of the All Progressives Congress (APC), Adams Oshiomhole, on Thursday approached the Court of Appeal, seeking it to set aside the suspension order slammed on him on Wednesday by an Abuja High Court.
Oshiomhole in the appeal claimed that the judge, Justice Danlami Senchi, erred in law and arrived at a wrong conclusion which occasioned a miscarriage of justice.
He claimed that the court placed him on suspension at an interlocutory stage of a suit instituted against him by some aggrieved members of the party.
In the notice of appeal predicated on four grounds, he said that the trial Court further erred in law when it decided that he, in the performance of his duties as APC National Chairman, would interfere in the court action filed against him by the aggrieved members.
Respondents in the appeal are: APC National Vice Chairman, North East, Comrade Mustapha Saliu; APC Edo State Chairman, Honourable Anselm Ojezua; Alhaji Sani Gomna, Mr Oshawo Stephen, Honourable Fani Wabulari and Evangelist Princewill Ejogharado.
Others are the Inspector-General of Police and the State Security Service.
In the appeal filed by his counsel, Mr Damian Dodo, SAN, Oshiomhole contended that the issue of his performance of duties as APC National Chairman is a matter which arose from substantive issues for determination and claim.
Among other grounds in the appeal, the suspended National Chairman claimed that the trial judge erred in law and arrived at a wrong conclusion.
He added that that occasioned a miscarriage when after ordering the filing of pleadings and immediately set down motion for interlocutory injunction for hearing in the absence of pleadings.
He further faulted the suspension order against him on the grounds that the trial court determined the motion for interlocutory injunction without recourse to triable issues which ought to have been discerned from pleadings.
Justice Senchi of an Abuja High Court on March 4, ordered Oshiomole to step aside as National Chairman of the APC pending the hearing and determination of the substantive suit seeking his removal from office as National Chairman of the ruling APC.
Senchi gave the order in a ruling on an interlocurtory injunction filed by Mustapha Salihu and five others.
He also ordered Oshiomhole to stop parading himself as the National Chairman of the APC until the issues challenging his leadership of the party is resolved.
The plaintiffs in the application filed on Jan. 16, and argued by their lawyer, Mr Oluwole Afolabi, had urged the court to declare Oshiomhole’s continued stay in office illegal having allegedly been suspended from the APC.
Arguing the motion with number: M/4292/2020, Afolabi told the court that Oshiomhole has up until now failed to challenge his suspension from the party.
Afolabi had told the court that Oshiomhole’s rights as a member is currently abated and he cannot continue to act as chairman of the party.
Adding that Oshiomhole cannot continue to enjoy benefits from the APC, in spite of his suspension as a member of the party.
The Ward 10 Executives of the APC had late 2019 suspended Oshiomhole from the APC.
The suspension was ratified by the Etsako West Local Government Executive Committee and was subsequently upheld by the State Executive Committee of the Party.
The plaintiffs accordingly prayed the court for an interlocutory order restraining Oshiomhole from parading himself or performing any function as National Chairman of the APC.
Senchi after listening to the submissions of the plaintiffs’ counsel, granted the interlocutory order as prayed .
He then fixed April 7 and April 8 for hearing in the substantive suit. (NAN)
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