The Court of Appeal sitting in Abuja on Monday evening, March 16, has ordered a stay of execution on the suspension of the embattled National Chairman of the All Progressives Congress (APC), Adams Oshiomhole.
A three-member panel of the appellate court presided by Justice Abubakar Dati Yahaya on Monday held that Oshiomhole’s ex parte application for a stay of execution of the ruling of the high court has merit.
Earlier, one of the counsels, Wole Olanipekun, SAN argued that the order of the trial court has already created a situation of disorder in the party and the situation could degenerate if the appellate court fails to intervene.
The court has, however, adjourned further hearing to Friday, March 20.
In the appeal, Oshiomhole is seeking among others, the reversal of his suspension by a High Court of the Federal Capital Territory (FCT).
Justice Danlami Senchi, had in an interlocutory ruling last Wednesday, ordered among others, that Oshiomhole should desist from parading himself as the APC Chairman.
The appeal which is predicated on four grounds is contesting the ruling of Justice Senchi stating that he erred in law and arrived at a wrong conclusion, which occasioned a miscarriage of justice by placing 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 claim and ought not to have been determined at the interlocutory stage of the main matter.
Oshiomhole claimed that the trial judge erred in law and arrived at a wrong conclusion, which occasioned a miscarriage when after ordering the filing of pleadings and 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 tribal 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, 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.