LEGAL IMPLICATION OF THE AFFIRMATION OF ADAMS OSHIOMHOLE'S SUSPENSION BY THE COURT OF APPEAL

By Barrister Afam Linus Anijekwu (ksji)

It is no longer news that the Court of Appeal has affirmed the suspension of Adams Oshomole as National Chairman of the APC. Recall that On March 4, 2020, the Federal High Court ordered the suspension of Adams Oshiomhole.

The order was based on an application by Oluwale Afolabi who contended that Oshiomhole is currently suspended by the APC in his ward in Edo and has not challenged the suspension. 

That consequently, Oshiomhole’s right as an APC member was currently abated and he cannot continue to act as chairman of the party since he is not, strictly speaking, even a member of the APC. 

Afolabi argued that Oshiomhole cannot continue to enjoy benefits from the APC despite his suspension. The High Court agreed with Afolabi. The Court of Appeal has now affirmed it.

The suspension of Oshiomhole is retrospective and relates back to the very day he was suspended by his APC ward in Edo. What this means is that he ceased to be Chairman of APC from that very day. 

This is because on suspension, all his rights as a member of APC ended. It is simple logic: a none member of a Party cannot be National Chairman of the Party. 

Consequently, all the actions Oshiomhole took as Chairman of APC, including all the committees he constituted, are null and void. This includes the committee that disqualified Obaseki.

Let me volunteer another approach. Oshiomhole was suspended by APC in Edo. The real issue before the court was the effect of that suspension on his capacity to act as Chairman of APC. It was not whether his suspension was valid. 

Effect/implication of suspension starts the very date of that suspension, not the date the court upheld the effect. Thus, from the date of suspension, Oshiomhole was no longer chairman of APC in the eyes of the law.