O Court of Appeal, Benin on Thursday overturned the June 8 trial of the Supreme Federal Court, Benin, preventing the All Progressives Congress (APC) from holding the June 22 government primaries in Edo State.
The appellate court also ordered the trial to continue, which will be held at the lower court on Friday.
Judge Morenike Ogunwomiju, who delivered the main decision on appeals filed by APC and its suspended national president, Adams Oshiomhole, described the order of Judge Mohammed Umar of the Benin Supreme Federal Court as problematic.
Other panel members are Sam Oseji and Moore Adumein.
She said: "The judge at the trial (Judge Umar) gave a problematic order that was not sought by the parties in the lawsuit."
She said that when the order was placed on June 8, the APC he had 14 days to organize the government primaries in Edo, adding that every judge must be a Democrat.
Judge Ogunwomiju added: “The appellant (APC) does not have an opportunity to be heard by the trial court.
“The court's June 8 preliminary injunction is overturned.
"Administrative orders remain and the question of jurisdiction must be determined by the trial court."
In his dissenting judgment in the case, Judge Adumein stated that the injunction from the lower court should not have been overturned, saying that the appeal was interlocutory, incompetent and should be annulled.
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