The Appeal Court has set aside the order of a High Court restraining the All Progressive Congress (APC) from conducting its Edo governorship primary.
A Federal High Court in Benin had ordered the ruling party to suspend the June 22 primary wherein the candidate of the party for the Edo governorship election is expected to emerge.
But in its judgement, the three-man panel led by Justice Morenike Ogunwomiju, described the order of the lower court as problematic because the APC was not given fair hearing before the order was granted.
“The trial judge (Justice Umar) gave a problematic order that was not sought by the parties to the suit. As at the date (June 8) the order was given, the political party (APC in Edo State) had 14 days to organise its governorship primary election. Every judge must be a democrat,” the Judges held.
“The appellant (APC) was not given an opportunity to be heard by the trial court. The injunctive order of the trial court of June 8 is hereby set aside. The administrative orders subsist and the issue of jurisdiction should be determined by the trial court”, they added.