What a ‘judicial’ turn-around! Appeal Court Orders Stay of Execution of Oshiomhole’s Suspension

By Yemi Oyeyemi, Abuja
Within hours of a dejected walk out of the Appeal Court with his lawyers and supporters, the suspended National Chairman of the All Progressive Congress APC, Adams Oshiomhole, bounced back to reckoning proving bookmakers wrong he was headed for the history books of party leadership.
The Court of Appeal, Abuja ordered a stay of the execution of the order of an Abuja High Court which suspended him from office.
It was not only the Appeal Court that smiled good at Oshiomhole.
After a closed-door meeting with President Muhammadu Buhari, the Governors of Ogun, Osun, Ondo, Kwara, Kano, Nasarawa, Edo, Kebbi, Jigawa, Gombe, Borno, Niger, Plateau, Lagos, Katsina, and Imo States resolved to postpone the the National Executive Committee (NEC) meeting slated for Tuesday.
According to the Chairman of the Progressives Governors Forum, Governor Atiku Bagudu, President Buhari agreed to persuasions for the contentious meeting to be postponed while they (Governors) tried to resolve disagreements in the house.
But this, it was gathered, did not go down with many NEC members, especially those pushing for the suspended Chairman’s replacement. They see the Presidential intervention as postponing the evil day and worsening the situation.
In another dimension to the political imbroglio, the Acting National Secretary, Chief Victor Giadom, was given a court-backed order to preside at the now postponed NEC.
Justice Samira Bature of the an FCT High Court sitting in Maitama, Monday granted an interim order allowing Giadom to act as the National Chairman of the party.
The judge granted the order in a motion ex-parte, marked FCT/HC/M/6447/2020, filed by APC National Vice Chairman (North-East), Comrade Mustapha Salihu, which was argued by his counsel, O.C. Ugwu, Esq.
But at the higher Court of Appeal, Justice Abubakar Datti Yahaya who presided over a three-man panel of the Court, gave the order also on Monday while delivering ruling in an ex-parte application filed by Oshiomhole.
Oshiomole had in the ex-parte application prayed the court to halt the suspension order on the grounds that there would be no status quo ante belum if the appellate court fails to intervene.
His lead lawyer, Chief Wole Olanipekun SAN, had informed the Court that there is a National Executive Committee meeting of the APC slated for Tuesday March 17, wherein the applicant would be excluded going by the suspension order of the lower court.
Olanipekun submitted that the order has already created a state of disorder in the party that could degenerate if the appellate court failed to intervene.
The senior lawyer who noted that time is of essence because of the seriousness of the issue, said that there will be an irredeemable damage if the court does not intervene.
In its ruling, the appellate court held that status quo can only be maintained if the order of the lower court is stayed.
“We have looked at the application and we are of the view that the image of emergency has been painted. There is an information that NEC would hold meeting tomorrow and the applicant will not be there.
“Justice would not have been served if the applicant is not in that meeting. The status quo can only be maintained if there is a stay.
“We find merit in the application
“We hereby order a stay of execution of the lower court made on March 4, 2020, pending the hearing of the notice of appeal slated for Friday March 20, 2020”.
The Court in addition ordered all parties in the suit not to take any further steps that would affect the ruling of the Court.
“We hereby give an order of injunction restraining the respondents or their agents from taking further steps until the determination of the substantive suit.
The Court of Appeal in addition made an order of accelerated hearing in the matter.
Justice Yahaya however urged politicians to learn to resolve their problems without involving the courts.
Justice Danlami Senchi of the High Court of the Federal Capital Territory (FCT) 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 Mr Oshiomhole, having been suspended as a member of the APC by the party in Edo State.
However Oshiomole through his lawyer, Mr Damian Dodo SAN, had on same day approached the appeal court to reverse the suspension order placed on him by the lower court.
Oshiomhole in his appeal, specifically asked the Court of Appeal to set aside the suspension order of 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 miscarriagepanel 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.
The suspended National Chairman further submitted that the trial judge erred in law and arrived at a wrong conclusion which occasioned a miscarriage of justice when after ordering the filing of pleadings, 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.
Respondents in the appeal are: APC National Vice Chairman (Northeast) Mustapha Saliu, Edo State APC Chairman, Honourable Anselm Ojezua, Alhaji Sani Gomna, Mr Oshawo Stephen, Mr. Fani Wabulari and Mr. Princewill Ejogharado.
Others are the Inspector-General of Police and the State Security Service.