Senator Danjuma Goje has appealed against the judgment that upheld his dismissal from the All Progressives Congress (APC).
Goje, who represents Gombe Central Senatorial District, also filed a stay of execution at the Court of Appeal in Abuja.
Citing lack of merit, Justice Obiora Egwuatu of the Federal High Court had on June 27 thrown out Goje’s suit challenging his expulsion from the APC.
The former governor of the state in the latest suit dated July 4 filed through his counsel, Paul Erokoro, SAN, Goje told the Court of Appeal that the lower court failed by not giving him right to fair hearing, adding that the hearing was conducted in absentia and on an earlier date than the notice sent to him.
He argued that the trial judge’s reliance on the technicality that the deponent was a practicing lawyer in the law firm representing Goje although he was not involved in the suit, was not substantial justice.
According to him, the letter to him by the Tanimu Abdullahi committee did not state the particulars of the alleged anti-party activities, adding that he had shown that the notice was actuated by malice.
He asked the appellate court to maintain the status quo in the matter pending the determination of the appeal.
The APC Kashere Ward in Akko Local Government Area of Gombe State expelled Goje accusing him of anti-party activities.
The former governor then challenged his dismissal from the APC by the Kashere Ward Executive Committee of the party before Justice Obiora Egwuatu who dismissed the suit for want of merit.
Egwuatu said Goje was given enough opportunity to appear before an investigative committee formed by the party to look into allegations that were levelled against him, but he failed to do so.
The court said there was proof of evidence including a newspaper publication, where he was summoned to appear before the committee, with details of the meeting clearly stated.
Based on that, the court said there was no proof before it to establish that his right to a fair hearing was denied, adding that having deliberately shunned the invitation, Goje could not turn around to allege that his right to a fair hearing was denied.
