Today, on March 16, the Appeal Court, which had a change of decision and listened to an appeal filed by Adams Oshiomhole regarding his suspension as Chairman of the All Progressives Congress (APC), has temporarily halted the enforcement of the judgment issued by the Federal High Court in Abuja on March 4, 2020.
A three-man panel, led by Justice Abubakar Datti Yahaha, granted reliefs contained in an ex-parte motion argued by the lead lawyer to Oshiomhole and the APC, Wole Olanipekun (SAN). The panel temporarily prevented the respondents from executing the judgment issued by the federal high court as they await the determination of a motion on notice filed by Oshiomhole and the APC.
In the ex-parte application, which has APC’s National Vice Chairman (Northeast) Mustapha Saliu, Edo State APC Chairman, Anselm Ojezua, Alhaji Sani Gomna, Mr. Oshawo Stephen, Mr. Fani Wabulari, Mr. Princewill Ejogharado, the Inspector General of Police and the State Security Service as respondents, Olanipekun argued that the federal high court judgment has caused confusion in the party.
He stated, “There is a move to hold a National Executive Council meeting without the appellant. If the NEC is allowed to hold without the appellant, there will be no return to the status quo ante bellum. There cannot be two pilots in an aircraft at the same time.”
Justice Yahaya, who read the lead ruling, advised Oshiomhole and the respondents to settle their differences amicably, saying, “We have considered the application and have looked closely at the affidavit in support and the exhibits. We are of the view that an emergency picture has been painted, so that an intervention by this court at this time, and in this process, is warranted.”
He continued, “There is the information that a National Executive Council (NEC) meeting of the second applicant (APC) is to be held tomorrow. and, following the ruling of the FHC High Court under consideration, the 1st applicant (Oshiomhole) will not be able to attend. If this happens, then there is no assurance that any status quo ante bellum would be maintained. The status quo can only be maintained in this circumstance if there is a stay of the execution of the ruling of the FCT High Court.”
“In this vein, therefore, we find merit in the application. We hereby order a stay of execution of the ruling of the FHC High Court in suit No: FCT/FC/CV/17/2020 delivered on the 4th of March 2020 pending the determination of the motion on notice. As a corollary, we also hereby give an order of injunction, restraining the respondents themselves, their agents, privies and officers, jointly and severally from proceeding to take any other steps to give effect to the said ruling, pending the determination of the motion on notice. Since the appellants have transmitted records and have filed a brief, they have demonstrated interest in prosecuting the appeal. The appeal is given accelerated hearing. Having said all these, we implore political parties to try to resolve their differences amicably without the necessity of involving the court at all times.”