The Benin Division of the Court of Appeal, Thursday, set aside the Federal High Court order restraining the All Progressives Congress from conducting direct primary election to nominate its governorship candidate in Edo state.
A Federal High Court in Benin presided by Justice Mohammed Umar had on June 8 restrained the APC from conducting the June 22 governorship primary election in Edo State using direct mode.
Following the restraining order the Federal High Court, transferred the suit to the Court of Appeal while the order subsists pending the decision of the Court of Appeal
In a dissenting judgement in one of the appeals, the three-man panel of the Appeal Court led by Justice Morenike Ogunwoniju vacated the order and returned them to the Federal High Court (Lower court) so they can go ahead with the substantive originating summons.
Justice Moore Adumien who dissented to the judgement said the preliminary objection has merit because the appeal is clearly an interlocutory appeal which is not recognised in pre-election matter.
He said the relief is that the ruling of the lower court be set aside, “the relief is not concise, precise and it is very ambiguous. The court can not grant a relief the party has not asked for.
“A court of law is confined to the relief sought by the parties. In this case the court has to decide in facts presented before it”, the judge said.
The appellant instituted an appeal challenging the stay of execution order granted by the Federal High Court on June 8, restraining Adams Oshiomhole and the APC from conducting direct mode of primary election in the state.
The respondents are Kenneth Asekomhe, Matthew Iduoriyekemwen, Independent National Electoral Commission (INEC), and Inspector General of Police while the appellants are Adams Oshiomhole, national chairman of APC and the National Working Committee of APC.
In a related development, the court struck out the other appeal filed by Adams Oshiomhole, because the issues in the appeal borders on the substantive state of the matter and can not delve into that now pending the hearing and determination of the federal high court.
The three-man panel unanimously dismissed the appeal for lack of merit.
According to them, we are not going to dabble into substance presented before the lower court. It is premature and should be struck out.