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From Tony Osauzo, Benin
The Court of Appeal, sitting in Benin City, yesterday, set aside the judgment of the Federal High Court, delivered on 13th day of July, 2020, which ruled against the relocation of the Edo State All Progressives Congress (APC) Secretariat from No.51, Airport road, Benin City to No.18, Ighiwiyisi Street, off Airport road, Benin City.
Recall that the APC in Edo State had relocated its Secretariat after informing the National body but its
former Deputy State Chairman, Pastor Kenneth Asekhome, who was expelled from the APC on June13, 2020, over alleged filing of numerous frivolous actions against the party which is against the Constitution of the APC, challenged the action at the Federal High Court to stop the relocation.
Asekhome who cited then impending Edo State gubernatorial election had claimed amongst others that sensitive information regarding the election may be lost if the relocation was allowed.
The Federal High Court in its judgment ruled in his favour.
Dissatisfied with the decision the APC through its Counsel, Dr. West Idahosa, leading Douglas Ogbankwa Esq,Famous Osawaru and others appealed the decision to the Court of Appeal and distilled 7 issues in his brief for determination of the appeal.
The Appeal was however argued by Anderson Asemota, whom the Court of Appeal commended for his industry and in raising recondite and novel issues of Law .
The Court In resolving the issues for determination in the Appeal, held inter alia: that the issue of location or relocation of a political party Secretariat, dovetails into the domestic prism of the political party and the court has no jurisdiction whatsoever to interfere or decide for a political party where to locate or relocate its office or party Secretariat to.
Validating the expulsion of Kenneth Asekomhe from the APC, the court held that the 1st Respondent (Kenneth Asekomhe), having been expelled from the party, had no locus standi to institute the action against the party as only valid members of a political party can question its decision governing its internal affairs.
Besides, the Court of Appeal further held that the action was a pre-election matter and was statute barred as it was not filed within the 14 days constitutional threshold, as provided by Section 285 of the Constitution of the Federal Republic of Nigeria ,1999 (As Amended ),by the 4th Alteration.
Consequently, the Court of Appeal allowed the appeal and set aside the decision of the Federal High Court.
