The Federal High Court in Benin, Edo State, on Monday adjourned a ruling to July 6 to decide either to drop or continue with the case on the direct mode of primary adopted by the National Working Committee of the All Progressives Congress for the nomination of the party’s governorship candidate.
The Presiding Judge, Justice Mohammed Umar, adjourned the suit filed by the factional state deputy chairman of the APC, Pastor Kenneth Asekomhe, and one of the governorship aspirants of the party, Matthew Iduoriyekemwen, challenging the decision of the party’s NWC.
The defendants in the suit are APC, Adams Oshiomhole, the Independent National Electoral Commission and the Inspector General of Police, Mohammed Adamu.
The plaintiffs had earlier filed an ex parte motion restraining the party from adopting the direct mode of the primary.
At the resumed hearing on Monday, Counsel for the 2nd defendant, Roland Otaru (SAN), said he was not satisfied with the ruling of the Appeal Court of June 18 and has decided to approach the Supreme Court for further interpretations.
“What happened in court today is that I applied for the stay of further proceedings predetermination of my appeal against the decision of the Court of Appeal which was delivered on the 18th of June 2020 to the Supreme Court.
“We are entitled to do that under the Constitution. We are entitled to do that under the rule of court. So, I am fortified to have filed the application having regard to the relevant laws.
“We are appealing against it because my appeal was struck out at the Court of Appeal because they said I appealed in respect of the substantive matter. I now said I was dissatisfied with that judgment because what I appealed upon was the issue of jurisdiction.
“It is an issue of jurisdiction which is concerning the internal or domestic affairs of a political party. Because how can a plaintiff be asking the court to direct the mode of primary to be conducted by a party and the Court of Appeal said we appealed in the respect of the substantive matter but I then said having regard to the decision of the superior court, they can even decide the matter at that level.
“So, they struck out my appeal but my client has the right to appeal to the Supreme Court,” he said
On his part, Counsel to the Plaintiff, Ken Mozia, said since both parties could not reach a conclusion on the matter, they all agreed that the matter should be adjourned.
The Court of Appeal on June 18 set aside the lower court order restraining APC from conducting the primary and returned the parties to the High Court for the commencement of the substantive suit.
PUNCH
