An FCT High Court on Thursday turned down an Exparte Application filed by the National Vice Chairman North East of the All Progressives Congress (APC), Comrade Mustapha Salihu, the factional Chairman of the APC in Edo state, Anselm Ojezua and others, seeking to compel Comrade Adams Oshiomhole vacate office as the National Chairman of the party.
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A faction of the party loyal to Edo Governor Godwin Obaseki had called for removal of Oshiomhole whom they claimed has been suspended by the party in the state.
However, the move to remove Oshiomhole as National Chairman was frustrated when the Court refused to grant the Ex Parte motion filed by Salihu, Ojezua and others.
The court ordered that the Defendants (Oshiomhiole,APC and others) be put on notice before the motion is heard so as to ensure fair hearing.
In a motion filed by their Counsel, Oluwole Afolabi, Comrade Mustapha Salihu, Ojezua & others asked the court to stop the Defendant (Oshiomhole) from parading himself as National Chairman of the APC just as they urged the Inspector General of Police, the Director General of the Department of State Services (DSS) not to allowing the Defendant access to the office of the Chairman pending the determination of the Motion on Notice in the suit.
When the matter came up for hearing on Thursday, Counsel to Oshiomhole and APC, Demian D. Dodo (SAN), told the court that they have not been served any notice and drew the Court’s attention to the Memorandum of Appearance and Undertaking to Accept Service of processes on behalf of the 1st & 2nd Defendants.
However the Claimants told the court that they will abandon prayers 1 and 2 of their Motion Ex parte which seeks leave of the court to serve the 1st Defendant by substituted means.
The Claimants then sought to proceed to move the Motion Ex parte, but Presiding Judge, Justice Danlami Senchi halted the move and ordered that the Defendants be put on notice to ensure fair hearing in the matter.
The order followed a heated argument by Counsel to the Defendants, Dodo SAN, who expressed shock over attempt by the Claimants to coerce the court into granting their prayers without serving the processes on the 1st and 2nd Defendants.
Justice Senchi ruled that the court will hear all parties in the suit instead of granting the exparte application to have Oshiomhole vacate his office as National Chairman of the APC as requested by the Plaintiffs.
The matter was consequently adjourned to 18th February, 2020 for hearing of the Claimants’ application.
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