Oshiomhole is the immediate past governor of Edo state.
In January, Obaseki had set up a panel to probe the construction of the Edo specialist hospital and supply of equipment for the hospital.
In May, the commission led by James Oyomire had indicted Oshiomhole for breach of the state’s public procurement law while he was governor of the state.
The commission recommended the arrest and prosecution of the APC national chairman.
Oshiomhole in an ex parte application filed through his lawyer West Idahosa prayed the court to stop his arrest and prosecution on account of the Edo state panel report.
Alex Ejeiseme, counsel to the Edo state government, filed a preliminary objection challenging the reliefs sought by Oshiomhole in his ex parte application.
Ejeiseme also contended that the court lacks the jurisdiction to hear the matter.
Apart from the Edo state government, other respondents in the suit are Yinka Omorogbe, Edo state attorney general and commissioner of Justice; James Oyomire; the inspector general of police (IGP) and the Department of State Services (DSS).
After hearing parties in the suit on Monday, Ahmed Mohammed, the judge, ordered the respondents to stay action in pending the determination of the issue of jurisdiction.
"An interim order is hereby made restraining the prosecution of the applicant pursuant to the report submitted to the 1st to 3rd respondents or any white paper, pending the determination of the issue of jurisdiction raised in the 1st to 4th respondents notice preliminary objection,” the judge held.
The court also directed Oshiomhole’s counsel to serve all the respondents his processes within 48 hours.
The case has been adjourned to June 17, 2020.
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