Peoples
Democratic Party (PDP) factional leader Ahmed Makarfi and Ben Obi as well as
the party’s substituted governorship candidate in Ondo State, Eyitayo Jegede,
got a major victory yesterday at the Court of Appeal in Abuja.
The
court, in two unanimous rulings by a three-man panel, upheld the applications
by Makarfi, Obi (Chairman and Secretary of the PDP Caretaker Committee) and
Jegede for leave to appeal against the June 29, 2016 judgment and October 14,
2016 ruling of Justice Okon Abang of the Federal High Court, Abuja.
Justice
Abang had, in the judgment of June 29, recognised the Ali Modu Sheriff
leadership of the PDP as the authentic body to take decisions for the party.
In
the October 14 post-judgment ruling, Justice Abang ordered the Independent
National Electoral Commission (INEC) to accept Jimoh Ibrahim (produced by the
leadership of the party in Ondo, supported by the Sheriff faction) in place of
Jegede, who was produced by the Markefi faction.
Justice
Ibrahim Saulawa (who led the panel) said in the lead ruling in the application
by Jegede that he had satisfied the court that he was a necessary party to the
case even when he was not a party at the trial court.
Justice
Saulawa held that under Order 7 Rule 3 of the Court of Appeal Rule an
interested party to a judgment, who was not a party at the trial court, is
allowed to apply to the appellate court for leave to appeal if such an
application had been rejected by the lower court.
He
noted that in this case, since the trial court had reject Jegede’s application
for leave to appeal, he was right to have filed a similar application again
before the Court of Appeal within the prescribed 15 days.
As
against the argument by the lawyer to factional Chairman of PDP in Ondo State,
Biyi Poroye and other members of his executive, Beluolisa Nwofor (SAN) that
the June 29 judgment was a consent one, the court held otherwise.
The
court held that since Jegede was not a party at the trial court, he could not
have consented to the judgment. It noted that by the record of the court, INEC
that was a party at the trial court, did not consent to the judgment.
“I
am satisfied that there are reasonable grounds duly established by the
applicant (Jegede) that he be given the opportunity to appeal the judgment.
“The
applicant has duly established that he is the person aggrieved by the decision
of the court below, having won the primary of the party,” Justice Saulawa said.
He
granted that application, deemed the notice of appeal and record of proceedings
already compiled by Jegede as properly filed and compiled.
The
court granted an order departing from its rule and abridged the time within
which parties could file their processes.
It
granted the appellant (Jegede) 24 hours within which to file his brief or
argument and three days to the respondents to file their brief.
The
ruling delivered in the application by Jegede was adopted in the similar
applications by Makarfi and Obi.
In
an earlier ruling, the court refused an application by Poroye and others for
the disbandment of the fresh panel set up to hear all the appeals on the
dispute over the party’s candidate.
The
court held that the decision to set up a special panel to promptly determine
the appeals was within the administrative powers of the Court of Appeal
President, which cannot be challenged by anyone.
Other
members of the panel – Justice Ignatius Igwe Agube and Ita Godwin Mbaba agreed
with the lead decisions by Justice Saulawa.
Source:The Nation
Tags
Politics