The court however upheld that the appointment of Mr Ade Adetimehin as the state Acting Chairman was in order.
Two members of the party, Gboyega Adedipe and Desmond Dejumola had approached the court, challenging the suspension of Kekemeke by the party leadership in the state.
The Court, however, held that the two plaintiffs, Adedipe and Dejumolad lacked the locus standi to institute the case, saying only the sacked Chairman has the power to challenge his suspension in Court.
The court further said Kekemeke can only approach the court after he might have explored all the provided internal mechanism of dispute resolution as contained in the APC Constitution.
Delivering the judgement, Justice F.A. Olubanjo ruled that the decision of an investigative panel that indicted Mr Kekemeke and the party’s state executive meeting held in June 2017 where he was suspended remained valid and should have been challenged internally by the plaintiffs rather than resorting to a court’s action.
Reacting to the verdict, however, Lawyer to the plaintiffs, Mr Olugboyero Akinola said his clients would file a stay of execution and appeal against the judgement at the court of appeal immediately.
He noted that the judge refused to rule on the substantive suit that would have dealt with the issue at hand, saying his client would not accept the judgement.
Also reacting, Counsel to the defendants, Mr Femi Emodamori said the judgement reflected the true position of the APC Constitution, Electoral Act and the 1999 Constitution as amended.
Emodamori expressed satisfaction with the decision of the court to uphold preliminary objections against the suit.
It will be recalled that Kekemeke was suspended as the party Chairman in the state over an allegation of not discharging his duty appropriately
He was also accused of working against the interest of the party’s candidate in the 2016 governorship election, Mr Rotimi Akeredolu,
and then