Globaltellblog Always More to Read…
Related Articles
Court of Appeal dismissed the two appeals filed by Oshiomhole and the All Progressive Congress (APC)
Court of Appeal in Abuja on Tuesday evening upheld the suspension of Adams Oshiomhole as the National Chairman of the All Progressives Congress (APC). Dismissing both appeals on bases that they lacked merit, later proceeded to uphold the March 4 decision of the High Court of the FCT.
The first appeal had queried the jurisdiction of High Court of the Federal Capital Territory (FCT) to hear the case relating to his suspension by the local branch of his party.
Oshiomhole and the APC claimed during the second appeal, to have been denied fair hearing by the High of the FCT, in the proceedings leading to its granted an interlocutory injunction on March 4 this year, The court also affirmed High Court of the FCT’s withdrawal of Oshiomhole’s rights and privileges as APC’s National Chairman, including his security details.
Justice Onyemanam said the trial court was right to have rejected Oshiomle’s preliminary objection challenging its jurisdiction.
She added that since Oshiomhole is based in Abuja and his party’s national headquarters equally in Abuja, the High Court of the FCT was clothed with the jurisdiction to hear the case which had them as defendants.
Justice Onyemanam held that by virtue of the High Court of the FCT’s Civil Procedure Rules, the plaintiffs were right to file the suit before the Abuja court.
She held that the suit filed by the plaintiffs at the High Court of the FCT did not amount to an abuse of court process.
Justice Onyemanam said it was not true that the plaintiffs had two pending suits on the same subject matter before the same court.
She observed that the plaintiffs had no intention to use the two suits, and that the one marked
Justice Onyemanam held that the principle that a court was barred from interfering in the internal affairs of a political party, was not applicable in the case.
As against Oshiomhole’s argument, the judge also held the plaintiffs had locus standi to file the suit and faulted the appellants’s contention that none of the plaintiffs had any benefit to derive from the outcome of the suit.
In the second appeal, Justice Mohammed Lamido held, in the lead judgment, that as against Oshiomle’s claim, there was prove that his right to fair hearing was denied by the trial court.
