A court of appeal sitting in Abuja has restrained the All Progressive Congress (APC) from executing the judgement of a federal capital territory high court which ordered the suspension of Adams Oshiomhole as national chairman of the ruling party.
Danlami Senchi, a judge of the federal capital territory (FCT) high court in Abuja, had on March 4, ordered the suspension of Oshiomhole pending the determination of a suit filed by one Oluwale Afolabi.
Afolabi had challenged the continuous stay of Oshiomhole in office despite his suspension by the Edo chapter of the APC.
However, Abubakar Yahaya, chairman of the three man panel of judges, on Monday ordered a stay of execution pending the hearing of an application filed by Oshiomhole.
Oshiomhole, in his appeal, asked the court to set aside the suspension order.
At the resumed session, Wole Olanipekun, counsel to Oshiomhole, prayed the court to grant a motion ex parte staying the order of the lower court.
He said “time is of essence; the matter should not be left until tomorrow because between now and tomorrow is like eternity.”
“There has been a case of disorderliness in the affairs of the 2nd applicant (APC) and there would be a NEC meeting,” he said.
While ruling on the application, Yahaya said: “There is the information that a national executive meeting of the 2nd applicant is to be held tomorrow and following the ruling of the FCT high court under the situation, the first applicant would not be able to attend if this happens, then there is no chance that any status quo would be maintained.
“The status quo can only be maintained in the circumstance if there is a stay of execution of the FCT high court judgement.
“In this vein therefore, we find merit in this application. We hereby orders stay of execution on the ruling of the FCT high court in suit number: FCT/HC/837/2020 delivered in the 4th of March 2020 pending the determination of the motion on notice which is now slated for hearing on Thursday the 19th of March 2020.
“We also hereby give order of injunction restricting the respondents in the suit, their agents, their privies and all officers jointly or severally from proceeding to take any other steps to give effect to the said ruling pending the determination of the motion on notice.”