Confusion had continued to trail the suspension of the National Chairman of the All Progressives Congress (APC), Comrade Adams Oshiomhole by an Abuja High Court sitting in Jabi.
This was just as Federal High Court sitting Kano yesterday delivered a contrary judgement in the same subject matter.
Both Abuja High Court and the Federal High Court, Kano are of co-ordinate jurisdiction as appeal from both courts move to the Court of Appeal.
Justice Danlami Senchi of the Abuja High Court had, on Wednesday, ordered a temporary suspension of Oshiomhole as APC national chairman, pending the determination of a suit pending before the court.
The court gave the order following an application of interlocutory injunction asking the court to suspend Oshiomhole, having been suspended as a member of the APC from his Etsako Ward 10 in Edo State.
The application was filed by Mustapha Salihu and five others through their counsel, Oluwole Afolabi.
However, in a contrary judgement in the same subject matter, Justice A. Lewis-Allagoa, yesterday, ordered parties in the suit to maintain status quo ante bellum pending the hearing and disposal of the motion on notice filed before the court.
In the Kano Court, one Aliyu Muhammad Rabiu had sued the APC, Oshiomhole, the Independent National Electoral Commission (INEC), Inspector-General of Police (IGP) and Director General, Depart of State Services (DSS).
In the said suit, the plaintiff is praying the court to stop the defendants from giving effect to the purported resolution of Ward 10, Etsako West Local Government Area of November 2, 2019 suspending Oshiomhole as a member of the APC.
In his ruling, Justice Allagoa restrained INEC from dealing, communicating or howsoever recognising any person other than Oshiomhole as the National Chairman of the APC for any party business or carrying out duties vested on the commission by the Electoral Act.
The court later adjourned to April 8.
Meanwhile, Oshiomhole had approached the Court of Appeal, Abuja Division challenging the order of the Abuja High Court which suspended him.
Oshiomhole, in his Notice of Appeal, is praying the court to set aside the ruling.
Respondents in the appeal are; APC National Vice Chairman (North-East), Comrade Mustapha Saliu; APC Edo State Chairman, Anselm Ojezua; Alhaji Sani Gomna, Mr. Oshawo Stephen, Hon. Fani Wabulari and Evangelist Princewill Ejogharado.
Others are the Inspector-General of Police and the Department of State Services.
Oshiomhole, through his counsel, Damien Dodo (SAN) formulated four grounds of Appeal.
In his ground one, he contended that the trial judge erred in law and arrived at a wrong conclusion which occasioned a miscarriage of justice when, at the interlocutor stage, it decided that question that the Appellant in the performance of his duties as National Chairman of the 2nd Appellant would interfere with the 1st – 6th Respondents membership rights of the 2nd Appellant.
In ground two, he argued that the court erred in law and 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 interlocutory injunction for hearing in the absence of pleadings and proceeded to hear and determine same in the absence of pleadings.
In ground three, the appellant challenged the lower court where it held that 1st – 6th Respondents had disclosed a legal right that required to be protected by the grant of interlocutory injunction.
However, in ground four, the Appellant argued that the 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’ argument that a grant of the interlocutory injunction will disrupt its function was untenable and relied upon extraneous construction in arriving at its decision.
The Court of Appeal had not fixed a date for the hearing of the appeal.
Justice Senchi of an Abuja High Court had, on March 4, ordered Oshiomhole 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 interlocutory injunction filed by Mustapha Salihu and five others.
The plaintiffs, in the application filed on January 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 had failed to challenge his suspension from the party in court.
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.
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.
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.