As speculations are rift on the possible resumption of duty by the National Chairman of the ruling All Progressives Congress APC, Comrade Adams Oshiomhole, will on Friday (today) assume duties after a Federal High Court in Kano State on Thursday set aside the ruling of a Federal Capital Territory FCT High Court which had upheld the suspension of Comrade Oshiomhole from the party, a member of the party’s National Working Committee insists otherwise.
National Vice Chairman, Northeast zone of the party, Comrade Mustapha Salihu faulted the court order, saying the party would obey Wednesday’s order of a Federal Capital Territory FCT High Court suspending Oshiomhole.
He said; “First of all, I want to be very brief because we have a case in court and I am a plaintiff so I do not want to be subjudice. But I want to tell you from my knowledge of the law that two courts of coordinate jurisdiction cannot sit on appeal on order or judgement given by each other.
A Federal High Court cannot sit on appeal on the FCT High Court. The only court that has the jurisdiction to seat on appeal is the Court of Appeal in this case and the court order of the FCT High Court was served yesterday.
“Most of you have a copy of the Order and it is an elementary law that first in time prevails, that of Abuja High Court came earlier and we seek for interlocutory injunction and there is affidavit of urgency which seeks to prevent certain kinds of mischief which we prayed that the court should help prevent which they did.
“So, if you look at the main reason why that introductory order was granted I do not think that a Federal High Court of the same jurisdiction will now come and set it aside. We don’t need the knowledge of the law to know that a high court cannot sit on a matter of appeal in another high court. So, I don’t want to say much about the order but I want to say that it is only the Court of Appeal that can vacate this injunction.
He described as laughable the announcement of some new officers of the party by the National Working Committee NWC.
He said: “That is laughable because that one is what amuses me most and it is very pathetic and disturbing because we saw an announcement that purported that we approved nominations of three officers on the 14th of January, one of this officers which is the deputy national chairman south, even the nomination from his state came to the national vice chairman on the 28 of February almost 40 days after the date of the purported meeting, the meeting we had on the 14th January. I came out of the meeting and I told you guys that the meeting was stopped because they were trying to do illegality on only National Secretary, the matter of the other people was referred to the zone, nobody discussed it.
“I am a working committee member and I was not in the meeting, where are the minutes of the meeting? Where was it held? And how do we approve a nomination that is yet to come? We are not running the Banana Republic. This is a party and not a block industry or a motor park. Our lawyers are looking at it and if we find any criminal act, we will prosecute.”
Asked whether the NWC was doing anything to replace Oshiomhole, he said; “It is not the duty of the NWC to source for replacement, instead the NWC looks at the day to day affairs of the party. Any major decision as to this effect would be handled by NEC and if the need is convention will take place.”
