July 17, 2018 at 5:23 pm #17970
The Court of Appeal in Lagos has struck out an application by the People’s Democratic Party (PDP) seeking to relist its appeal challenging a lower court judgment that validated the Ogun State chapter executive led by Adebayo Dayo, an engineer.
It awarded N600, 000 costs against the party to be paid to former chairman Alhaji Ali-Modu Sheriff, Prof Wale Oladapo and Dayo.
Each of them is to be paid N200,000 each, the Appeal Court held.
The Federal High Court in Lagos had ordered the PDP to recognize the Dayo-led executive in Ogun on the basis that its tenure would expire in 2020.
PDP had appealed against the judgment recognizing Dayo as the authentic chairman, but it later withdrew the application through its lawyer Godwill Mrakpor, who filed a Notice of Withdrawal.
The Appeal Court consequently dismissed the appeal.
But, another PDP lawyer, Dr Yemi Oke, returned with another application to relist the case on the basis that the PDP faction which briefed Mrakpor, led by Senate Sheriff, then was not the authentic national leadership.
In a judgment delivered by Justice Jamilu Tukur, the Court of Appeal held that the faction that appointed Mrakpor “had the power to do so” when it did by virtue of a Court of Appeal judgment recognising Sheriff.
Besides, it said there was a lower court judgment recognising Mrakpor as PDP’s lawyer.
Dismissing PDP’s appeal, Justice Tukur, in a judgment delivered on July 11, a copy of which was obtained yesterday, held that the appellant also failed to attach the lower court’s ruling appealed against.
“From whatever angle I looked at the application, I find it to be unmeritorious and liable to be dismissed.
“However, in view of my findings on the competence of the application for failure to exhibit the ruling of this court subject of this instant application, the proper order befitting this application is one striking it out.
“It is hereby struck out. There shall be costs of N200, 000 in favour of the first, fourth and fifth respondents (Chief Dayo, Alhaji Sheriff and Prof Wale Oladapo),” the Court of Appeal held.
The PDP in Ogun had been embroiled in leadership tussle, leading to factions, one led by Sikirulai Ogundele.
The lower court held that the tenure of the Adebayo Dayo-led executive subsists until May 2020 based on a subsisting judgment by Justice Ibrahim Buba.
The court had also nullified the congresses which were held in defiance to Justice Buba’s judgment and orders.
The lower court had also declared the appointment of Tunde Odanye and others as Ogun State PDP Caretaker Committee null and void, saying their appointment was contrary to Justice Buba’s judgment that affirmed the Dayo led exco.Share this topic