The Federal High Court sitting in Benin has said its ruling on June 8, that no action should be taken on the party’s primary subsists pending the decision of the Court of Appeal.
The court had on June 8, restrained the National Chairman of the APC, Adams Oshiomhole, and the APC from conducting any mode of primary election in the state pending the determination of a suit filed by Kenneth Asekomhe and one of the governorship aspirants of the party, Matthew Iduoriyekemwen.
At the resumed hearing yesterday, Counsel to the second defendant, Roland Otaru, said the court lacked jurisdiction to give the stay of execution order on June 8, and that as such, a stay of proceeding was filed at the Court of Appeal.
Otaru said it would be an abuse of court processes if the high court proceeded with the matter, as issue of jurisdiction was like “traffic light” that should be obeyed, and that going further would amount to judicial recklessness.
Also, Counsel to the first defendant, Henry Ogbodu, prayed the high court to recuse itself from the matter as the Court of Appeal had fixed June 16 for hearing.
On his part, Ken Mozia, counsel to the plaintiff, argued that he had not been served with the various papers and that the subject matter being argued had not been ruled upon by the court, therefore, there was no case on issue of jurisdiction.
Mozia said time was of essence and that the court should be given the time to do its job rather than flooding it with various papers from the Court of Appeal.
After listening to counsels’ arguments, Justice Mohammed Umar transmitted all court proceedings at the court to the Court of Appeal and adjourned to June 17.
Justice Umar said, “I hereby order that the case be transmitted to the Court of Appeal and the ruling earlier made subsists.”
