Suspension: A’Court adjourns Oshiohmole’s appeal indefinitely

TRACKING____The Court of Appeal Abuja division on Friday adjourned indefinitely the hearing of the appeal filed by the National Chairman of the All Progressives Congress (APC), Adams Oshiohmole, challenging his suspension from office.

The appellate court had on Monday, March 16 stayed the execution of the ruling of the High Court of the Federal Capital Territory (FCT) suspending him from the party and the chairmanship position.

A three-man panel of the court led by Justice Abubakar Yahaya ordered a stay of execution of the lower court order and restrained the respondents to the appeal from proceeding to act or take any further steps with regards to the ruling of the FCT high court.

The court ruled that the order would remain binding pending the hearing of Oshiomhole’s motion for interlocutory injunction slated for Friday, (yesterday).

The panel also unanimously restrained the respondents including the Police and the Department of State Services from further giving effect to the suspension order.

But when the matter came up on Friday, a clerk of court announced that the court would not be able to sit and that a new date will be communicated to the parties.

It was not certain at the time of filing this report whether Oshiomhole would still pursue the appeal in view of the ongoing reconciliation within the party.

Justice Danlami Senchi of an Abuja High Court had in an interlocutory ruling on March 4, 2020, ordered among others, that Oshiomhole should desist from parading himself as the APC Chairman.

The order was sequel to an application of interlocutory injunction asking the court to suspend Oshiomhole, having been suspended as a member of the APC by the party in Edo State. The trial court judge has adjourned to April 7, to hear the substantive suit.

However, Oshiohmole through his lawyer, Mr. Damian Dodo (SAN), had same day approached the appellate court to reverse the suspension order placed on him by the lower court.

He specifically asked the Court of Appeal to set aside the suspension order given by Justice Senchi and restore his position as National Chairman of the APC.

In his appeal predicated on four grounds, Oshiomhole argued that the judge erred in law and arrived at a wrong conclusion which occasioned a miscarriage of justice when the court placed him on suspension at an interlocutory stage of a suit instituted against him by some aggrieved members of the party.

Oshiomhole also argued that the High 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.

He argued that the issue of duties as APC National Chairman is a matter which arose from substantive issues for determination and claimed ought not to have been determined at the interlocutory stage of the main matter.