The Appeal Court sitting in Benin City has set aside the Federal High Court order restraining the ruling All Progressives Congress, APC from carrying out any action as regard the mode of governorship primaries in Edo State. The court subsequently referred parties back to the Federal High Court for the determination of the suit.
The 3-man panel of the Court of Appeal led by Justice Helen Ogunwumiju decided on the prayers of counsel for APC and the now suspended chairman of the party Adams Oshiomhole asking it to set aside the Federal High Court Order. The counsel had argued that the federal high court lacks the jurisdiction to grant the order it issued.
Justice Ogunwumiju in her judgement described the Federal High Court order as “injudicious exercise”.
Out of the 3-man panel, one of the justices in a minority judgement disagreed with the setting aside of the Federal High Court order and upheld the preliminary objections of the first and second respondents.
