Justice Ibrahim Buba of the Federal High Court, Lagos had nullified the zonal congress of the Peoples Democratic Party, PDP, held in South West over the weekend, amid drama played by counsel.
Counsel who represented the party and its national chairman, Dr. Yemi Oke and the plaintiff’s counsel, Chief Ajibola Oluyede trade words before the court on the issue of how the plaintiff, incumbent Zonal Secretary of the party in the region, Chief Pegba Otemolu procured an order of the court, which restrained the party from holding election in the zone.
The party was reported in media over the weekend to have held its congress in the zone.
Before Justice Buba nullified the election, counsel of the party and its national chairman, Ali Modu Sheriff, Dr. Oke told the court that the party and its chairman were not aware of the suit which the plaintiff used to procure the said order.
Dr. Oke accused the plaintiff, Otemolu of fraudulently obtaining the order, he said neither the party nor its national chairman was aware of the said suit, and they did not authorize any lawyer to represent them in court on the subject matter.
The counsel however, informed the court of his two pending applications, the first one filed by the party, is seeking an order of the court staying execution on its order delivered on May 11, which retrained the party from conducting election, staying proceeding in the matter pending determination of appeal filed against it and also an order of injuction restraining the plaintiff from implanting the said order.
While the application of the party national chairman, is praying the court for an order setting aside the proceeding that led to the order of the court which restrained its party from conducting election and an order declining jurisdiction to entertain the suit.
The plaintiff’s counsel, Oluyede in his reaction to the allegation, urged the court to ignore the submission of the respondents, he said the respondents’ counsel did not laid any foundation before the court regarding its accusation.
He informed the court of his pending application, the application is praying the court for an order nullifying South West congress of the party, which he alleged to have been conducted in defiance to the court order.
Oluyede told the court that the application had been served on the respondents but in swift reaction, Oke told the court that his clients were yet to receive any application regarding to that besides, he said since the application was not an exparte motion, it could not be heard because the respondent still have seven days to reply the application and also filed counter affidavit.
After listing to accusation and counter accusation and the argument of both parties, Justice Buba held that all the applications were before him but the first issue to determine was whether or not the respondents disobey the court order which restrained them from conducting election.
According to the court, the application to nullified the election was first was brought as exparte motion on Monday but the court declined to hear it, ordering the plaintiff to make it motion on notice and served the respondents
The court held that from the evidence before the court, the respondents disobey the court order and it really showed in the court file that the respondents were served on the said application.
“Judgment or ruling of court is valid until it is set aside by high court”, I hear by nullified the election.
Further hearing in the matter had been adjourn till June 8
Counsel who represented the party and its national chairman, Dr. Yemi Oke and the plaintiff’s counsel, Chief Ajibola Oluyede trade words before the court on the issue of how the plaintiff, incumbent Zonal Secretary of the party in the region, Chief Pegba Otemolu procured an order of the court, which restrained the party from holding election in the zone.
The party was reported in media over the weekend to have held its congress in the zone.
Before Justice Buba nullified the election, counsel of the party and its national chairman, Ali Modu Sheriff, Dr. Oke told the court that the party and its chairman were not aware of the suit which the plaintiff used to procure the said order.
Dr. Oke accused the plaintiff, Otemolu of fraudulently obtaining the order, he said neither the party nor its national chairman was aware of the said suit, and they did not authorize any lawyer to represent them in court on the subject matter.
The counsel however, informed the court of his two pending applications, the first one filed by the party, is seeking an order of the court staying execution on its order delivered on May 11, which retrained the party from conducting election, staying proceeding in the matter pending determination of appeal filed against it and also an order of injuction restraining the plaintiff from implanting the said order.
While the application of the party national chairman, is praying the court for an order setting aside the proceeding that led to the order of the court which restrained its party from conducting election and an order declining jurisdiction to entertain the suit.
The plaintiff’s counsel, Oluyede in his reaction to the allegation, urged the court to ignore the submission of the respondents, he said the respondents’ counsel did not laid any foundation before the court regarding its accusation.
He informed the court of his pending application, the application is praying the court for an order nullifying South West congress of the party, which he alleged to have been conducted in defiance to the court order.
Oluyede told the court that the application had been served on the respondents but in swift reaction, Oke told the court that his clients were yet to receive any application regarding to that besides, he said since the application was not an exparte motion, it could not be heard because the respondent still have seven days to reply the application and also filed counter affidavit.
After listing to accusation and counter accusation and the argument of both parties, Justice Buba held that all the applications were before him but the first issue to determine was whether or not the respondents disobey the court order which restrained them from conducting election.
According to the court, the application to nullified the election was first was brought as exparte motion on Monday but the court declined to hear it, ordering the plaintiff to make it motion on notice and served the respondents
The court held that from the evidence before the court, the respondents disobey the court order and it really showed in the court file that the respondents were served on the said application.
“Judgment or ruling of court is valid until it is set aside by high court”, I hear by nullified the election.
Further hearing in the matter had been adjourn till June 8
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