The Court of Appeal, Benin, on Thursday set aside the June 8 judgment of the Federal High Court, Benin, restraining the All Progressives Congress (APC) from conducting the June 22 governorship primaries in Edo State.
The appellate court also ordered the continuation of the trial which will hold at the lower court on Friday.
Justice Morenike Ogunwomiju, who delivered the lead judgement in the appeals filed by APC and its suspended National Chairman, Adams Oshiomhole, described as problematic, the order by Justice Mohammed Umar of the Federal High Court, Benin.
Other members of the panel are Sam Oseji and Moore Adumein.
She said: “The trial judge (Justice Umar) gave a problematic order that was not sought by the parties to the suit.”
She said when the order was given on June 8, the APC had 14 days to organize the governorship primaries in Edo, adding that every judge must be a democrat.
Justice Ogunwomiju added: “The appellant (APC) is 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.”
In his dissenting judgment in the suit, Justice Adumein declared that the injunctive order of the lower court ought not to have been set aside, saying the appeal was interlocutory, incompetent, and should be struck out.