The Supreme Court has upheld the dissolution of the Kwara State Executive of the All Progressives Congress (APAC) by the party national chairman, Adams Oshiomhole. Thus, the apex court struck out an appeal filed by former State APC Chairman in Kwara challenging the dissolution of the state exco by the national chairman.
The State Chairman, Isola Balogun-Fulani, challenged the dissolution of the State Executive the APC National Chairman, Adams Oshiomhole, on July 30, 2018.
Balofun-Fulani had argued that the State Executive has a four-year tenure which was not expired before the dissolution by Oshiomhole, who set up a caretaker community by fiat.
Counsel to Balogun-Fulani, Yusuf Ali, had argued that their appeal should be heard because it is a pre-election matter that has a lifespan of 60 days at the Supreme Court and will expire on Friday.
Counsel to APC National Chairman, Akin Olujinmi, made a counter-argument to the hearing of the appeal, saying that it is not an election matter, as such there is no urgency. Olujinmi maintained that the case of the appellant is the dissolution of the state APC executive in Kwara and has nothing whatsoever to do with the election.
Counsel to APC, Lateef Fagbemi, agreed with counsel to the National Chairman that the appeal has nothing to do with the election other than challenges the powers of the Oshiomhole for dissolving the exco.
The presiding judge, Justice Bode Rhodes-Vivour, who presided over the five-man panel stood down to decide on whether it is a pre-election matter or not.
In a unanimous ruling of a five-man panel of the Supreme Court delivered by Justice Olukayode Ariwola on Wednesday, the court held that the transmissions of the appeal were done outside the 14 days allowed by the rules of court. The judge stated that since rules of court are meant to be obeyed, the appeal having defaulted is incompetent and should be dismissed.