Justice Morenike Ogunwomiju of the Appeal Court, Benin, on Thursday, set aside the June 8 ruling which restrained the party from conducting the June 22 governorship primary election in the state pending the determination of a suit challenging the direct mode of the primary.
Justice Ogunwomiju, who read the lead judgment which was supported by Justice Sam Oseji, on Thursday night, described the order by Justice Mohammed Umar of Federal High Court, Benin as problematic.
They also ordered that trial should be continued at Federal High Court, Benin, on Friday Morning.
Justice Ogunwomiju ruled: “The trial judge (Justice Umar) gave a problematic order that was not sought by the parties to the suit. As at the date (June 8) the order was given, the political party (APC in Edo State) had 14 days to organise its governorship primary election. Every judge must be a democrat.
“The appellant (APC) was not given an opportunity to be heard by the trial court. The injunctive order of the trial court of June 8 is hereby set aside. The administrative orders subsist and the issue of jurisdiction should be determined by the trial court.”
In his dissenting judgment in the APC’s suit, Justice Moore Adumein declared that the injunctive order of FHC ought not to have been set aside, insisting that the appeal was interlocutory, incompetent and should be struck out.
Going by Section 285, Sub-section 8 of the 1999 Constitution of the Federal Republic of Nigeria, as amended, he said that Justice Umar did not err in the matter as cases ought not to be sentimentally decided.
In the second suit filed by Oshiomhole, the only judgment was read by Justice Oseji, who declared that the appeal lacked merit and it was premature, thereby striking it out.