Prof Obiaraeri, N.O. Ph.D (Law), B.L.
Here are nine titbits and simplified analysis of the legal implications of the latest Court of Appeal judgment upholding the order of the FCT High Court Abuja for the suspension of Oshiomole as APC National Chairman.
1. The unanimous Court of Appeal judgment shows that Oshiomhole is in big trouble both with his membership of APC and or his continued stay in office as Chairman of the ruling party, APC.
2. The jurisprudence of the recent Court of Appeal judgment against Oshiomole in the appeal he lodged is deep as that judgment restated that membership of a political party like APC is at the ward level.
3 The Court of Appeal judgment further restates that if you are suspended or lose your party membership at the ward level, you are ineligible to hold party office or position whether at the Ward, Local Government, State or National levels.
4. The Court of Appeal affirmed that the suspension of Oshiomole from his Ward 10 of Etsako Local Government of Edo State was variously ratified at the Ward, Local Government and State Government levels as required by law (APC Constitution) and the identity of those who suspended Oshiomole from the party was not in doubt because in their unchallenged affidavit they made it clear that they were party members and officers of the party, therefore the appeal lacks merit.
5. By reason of the latest Court of Appeal judgment therefore, Oshiomole is not of good standing as a member of APC as he had been suspended in his ward and cannot continue to function as National Chairman or othet officer of the party, APC.
6. The Court of Appeal judgment means again that the Kano Court order and all preservative orders earlier made by the Court of Appeal on which Oshiomole was clinging to operate as National Chairman has been violently uprooted and consigned to the dustbin of legal history.
7. The order of the FCT High Court Abuja for the suspension of Oshiomole as APC National Chairman duly upheld by a unanimous judgment of the Court of Appeal is a heavy yoke on the political neck of Oshiomole who will henceforth cease to function as National Chairman of APC.
8. The question whether Oshiomole can upturn the unfavourable decision of the FCT High Court upheld by the unanimous judgment of the three man Court of Appeal in the Supreme Court does not arise as it is outside the scope of this brief elucidation.
9. In the interim and conclusively, following the judgment of the Court of Appeal, Oshiomole is restrained from parading himself as the National Chairman of the APC until he gets a reprieve or otherwise from the Supreme Court, (if he duly enters an appeal to the Supreme Court) as the apex and final court of law and justice in the land.