Ondo 2016 : Again, Jimoh Ibrahim looses second bout at appeal court

Business mogul and factional flag bearer of the Peoples Democratic Party (PDP), under the Ali Modu Sheriff led PDP in the forth coming governorship elections in Ondo state,  Jimoh Ibrahim, has had his application seeking to be joined in an appeal filed by Eyitayo Jegede of the Ahmed Markarfi led faction, struck out

Ibrahim who lost his interlocutor application before the newly constituted panel at the Court of Appeal in Abuja, at the last sitting had his recent application thrown out, when his counsel Jadegoke Badejo SAN, informed the court about his intention to “withdraw himself from the matter”.

Badejo had earlier sought the court for an adjournment, for him to return the case file to his client because he was not interested to be a party in the matter, looking at how rowdy the matter seems to be turning out to be.

Counsel to Jegede, Wole Olanipekun SAN, however objected to the move by counsel representing Jimoh, averring that even though it could not stop the counsel from withdrawing from the matter, but then, the application itself must be struck out, so that the appeal can go on.

“The Senior withdrew for a party on record and not party seeking to be joined, a party who is not on record cannot hold the court to Ransome on an application”, Olanipekun submitted.

However, Beluousa Nwofor SAN, counsel to Biyi Poroye in the matter argued that it was not Badejo (counsel) who brought the application, but Jimoh Ibrahim, and as such, the counsel should be allowed to brief another counsel.

The appeal court panel led by Justice Ibrahim Saulawa subsequently upheld Badejo’s submission and equally struck out the application.

The respondent/applicant, represented by Nwofor moved its application urging the court to stay off the hands off the matters, since the motion to stay proceedings had been filed before the supreme court, the appeal court is bound by Judicial precedents to allow the superior court hear the matter.

Olanipekun while objecting to the application, said that it was lacking in merit.

“We are opposing the application because it falls flat on its own without an affidavit. Does the court of appeal have the power to remove an appeal from the cause list and should the court now hands off it?”, he queried.

Nwofor, counsel to Poroye further argued that there is a notice for stay of proceedings and further hearing against the proceedings at the appellate court, and it has been brought to its notice, therefore the court cannot entertain the matter until the motion is taken by the Supreme court.

However, the Justice Saulawa did not stay off hearing and taking the appeal before it adjourned judgement to a date to be communicated to parties.

Eyitayo Jegede of the Ahmed Makarfi led faction of the party,  had challenged an October 14 judgement, delivered by Justice Okon Abang of an Abuja Federal High Court, which Ibrahim recognised as the authentic candidate for the November 26 election in Ondo State.