The Supreme Court of Nigeria, today, issued and served on the Independent National Electoral Commission (INEC), Peoples’ Democratic Party (PDP) and others in a suit filed by the party arising from the judgement of Honourable Justice Ibrahim Buba of a Federal High Court, Lagos.
The suit marked SC/968/18, is filed by the party INEC and others, is challenging the judgment of Justice Buba in suit number FHC/CS/636/2016.
The party, PDP in a Motion on Notice and affidavit of Urgency of 9 paragraphs and Affidavit in support of 49 paragraphs filed before the court by Dr. Yemi Oke,
In the Motion, Counsel to the applicant, PDP, is praying the Supreme court for an Order staying the execution of the Judgement obtained from Justice Buba, which the Senator Kashamu-backed Bayo Dayo gruop has been parading before other FHC Courts in Lagos, Abeokuta and Abuja.
The basis of this contention was that the Counsel to the then National Caretaker Committee, Dr. Yemi Oke was ruled out of appearance for Alimodu Sheriff’s Counsel while the appeal in PDP against Sheriff was pending at the Supreme Court.
The Supreme Court has since decided that the Senator Makarfi led National Caretaker Committee is the authentic Exco with power to appoint Counsel to represent it in matters.
The implication is that, having wrongly denied audience to official Counsel to the PDP and matter proceeded (Ex-Parte against PDP) with unauthorised Counsel who aligned with the Bayo Dayo group, declared his support for their Originating Processes, proceeded to withdraw the Preliminary and other Objections and processes filed by Dr. Oke for PDP against the suit, and the FHC (per Buba J) hurriedly heard the matter same day PDP Counsel was ruled out of appearance, and gave the now discredited Judgement in favour of the Bayo Dayo the following day; all is set for a reversal by the Apex Court.
It would be recalled that the Supreme Court had earlier given similar Judgement in PDP against Sheriff on the subject wherein the suit was listed as one of the several suits pending on PDP leadership tussle them.
Similarly, Counsel to PDP, Dr. Oke also drew the attention of the Supreme Court to the fact of the five respondents, only INEC (third Respondent) is standing. Bayo Dayo and Semiu Sodipo, (first and second respondents) have been expelled by PDP, while the fourth respondent (Alimodu Sheriff) has defected to All Progressive Congress (APC).
The PDP counsel, said he Judgement is just around the corner in matter of days.
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