The Benin Division of the Court of Appeal, Thursday, set aside the order restraining the All Progressives Congress from adopting direct primary election to nominate its governorship candidate for the scheduled September 19, gubernatorial election in Edo State.
The court set aside the decision of the Federal High Court sitting in Benin which had on June, 8, 2020 restrained the National Working Committee of the party from adopting direct mode of primary election to nominate its governorship candidate pending the determination of the suit.
The national leadership of the party slated Monday, June 22, 2020 for the Edo State governorship primary election.
Kenneth Asekomhe, deputy state chairman of the party and Matthew Iduoriyekemwen, one of the governorship aspirants, had approached the lower court to restrain the NWC of the party from adopting direct primary election.
Following the appeal against the restraining order by the national leadership of the party, the lower court, however, transferred the suit to the Court of Appeal while the order still subsists pending the decision of the appellate court.
In its judgment the appellate court vacated the restraining order of the lower court.
In a dissenting judgement in one of the appeals, the three-man panel of the appellate court presided over by Justice Morenike Ogunwoniju after vacating the order thereafter directed the parties to return to the Federal High Court for the hearing of the substantive originating summons.
Justice Moore Adumien who, however, dissented to the judgement said the preliminary objection has merit because the appeal is clearly an interlocutory appeal which is not recognised in pre-election matter.
He said the relief is that the ruling of the lower court be set aside, “the relief is not concise, precise and it is very ambiguous. The court can not grant a relief the party has not asked for.
“A court of law is confined to the relief sought by the parties. In this case the court has to decide on the facts presented before it”,he contended.
The court, however, unanimously dismissed and struck out the other appeals filed by Adams Oshiomhole for lack of merit.
The court said the dismissal of the appeals was that the issues raised borders on the substantive suit and that it cannot delve into it now until the hearing and determination by the Federal High Court.
According to Justices, we are not going to dabble into substance presented before the lower court. It is premature and should be struck out.
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