Tony Osauzo, Benin
The Federal High Court, yesterday in Benin, declined to grant an order restraining Col. David Imuse (rtd), from parading himself as chairman of the All Progressives Congress (APC) pending the determination of a suit brought before it.
The court however ordered that all motions relating to the matter should be consolidated on December 10 and thereafter, it would give a ruling.
In suit number FHC/B/CS/133/2019, the plaintiffs/ Applicants; Anselm Ojezua and two others through their counsel, Ken Mozia (SAN), wanted the court to issue an order restraining the Defendants; Col. David Imuse (rtd) and Lawrence Okah from parading themselves as state chairman and secretary of the party, arguing that Ojezua remained the chairman of the party while Okah as been suspended as state Secretary of the party.
“That the status quo as at 10/11/2019 with regard to chairmanship of the APC should be maintained pending the hearing and determination of the case And for such further or other orders as this honourable court may deem it fit to make in the circumstances of this case”, the applicants’ Counsel had argued.
But the defendants’ Counsel, Douglas Ogbankwa, leading two other lawyers in a motion of preliminary objection, argued that the court lacks jurisdiction to hear the suit on the suspension of Ojezua, contending that the matter is a “domestic affair of the APC” and therefore outside the jurisdiction of the court and that “the suit as constituted is inchoat and the court lacks jurisdiction to hear same.
“The subject matter of this dispute purely revolves round the suspension/removal of the 1st plaintiff as chairman of APC Edo State”, Ogbankwa further argued.
In her ruling Justice A.A. Deemi-Ajayi declined to grant the order and fixed December 10 to hear all motions in the suit.
Recall that 11 of the 16-member State Working Committee of the APC had signed a notice removing Ojezua as state chairman of the party but two of the signatories later claimed they were forced to sign under duress while even as another leadership meeting of the party purportedly removed Okah as state Secretary of the APC.