In the application before the court, the plaintiffs told the court that Oshiomhole failed to challenge his suspension in his primary ward in Edo State. They argued that since his suspension remained extant, his rights as a member of the party is currently abated, insisting that he could, therefore, not continue to head the APC as its chairman.
The plaintiffs, through their lawyer, also contended that it would be legally wrong for Oshiomhole to continue to enjoy benefits from the APC in view of his suspension as a member of the party.
Meanwhile, Justice Senchi in his ruling, held that the APC wrongfully retained Oshiomhole as the National Chairman of the party in view of the affidavit evidence before the court. Consequently, he ordered that Oshiomhole should stop parading himself as the National Chairman of the APC. Justice Senchi directed the party to stop acknowledging Oshiomhole as the chairman of the APC, saying he should not be granted access to the party’s secretariat. Justice Senchi stressed that political parties must be bound by their constitution. He held that since Oshiomhole had evidently been suspended in his ward and the suspension not challenged, he had no business any longer parading himself as National Chairman of the party. Meanwhile, Oshiomhole had through his lawyer, Mr. Damian Dodo, SAN, challenged the competence of the suit which he said constituted an abuse of the court process. Oshiomhole had also challenged the jurisdiction of the court to entertain the matter, arguing that the plaintiffs lacked the locus standi to seek such reliefs against him. The court adjourned the hearing of the substantive suit till April 7.