A Federal High Court sitting in Benin City, on Thursday transferred the suit challenging the mode of primary election adopted by the National Working Committee (NWC) of the All Progressives Congress (APC) to nominate its governorship candidate in Edo State, to the Court of Appeal.
In a suit number FHC/B/CS/48/2020, the factional state deputy chairman of the party, Kenneth Asekomhe, and one of the governorship aspirants of the party, Matthew Iduoriyekemwen, are challenging the decision of the party’s NWC to adopt direct primary election for the nomination of its governorship candidate.
The defendants in the suit are APC, Adams Oshiomhole, Independent National Electoral Commission (INEC) and the Inspector General of Police.
The presiding judge, Justice Mohammed Umar, transferred the case to the Appeal Court following objection by Roland Otaru, counsel to the national chairman of the party, Adams Oshiomhole.
Umar ordered that all the court proceedings at the Federal High Court be transferred to the Court of Appeal pending on their decision, and adjourned to June 17.
He noted that the court’s ruling on a stay of execution on June 8, still subsist pending the decision of the Court of Appeal.
Otaru, who averred that the Court lacked the jurisdiction to give the stay of execution order on June 8, noted that they filed a stay of proceedings at the Appeal Court.
He argued that it would be an abuse of court if the court proceeded with the matter, noting that the issue of jurisdiction was like a “traffic light” that should be obeyed, and going further would amount to judicial reckless.
“We are before the red light and the Lordship should halt and if by on Tuesday the higher court said otherwise, then we can come back,” he said.
Aligning with Roland, counsel to the first defendant, Henry Ogbodu, who cited Section 87 of the Electoral Act, prayed the court to leave the matter because the court of appeal had fixed Tuesday, June 16.
But counsel to the plaintiffs, Ken Mozia, said he was not aware of the notice of appeal.
