Ondo 2016: Jegede’s fate hangs in balance as appeal court stays off judgement

The fate of the factional governorship candidate of the Peoples Democratic Party (PDP) in the forthcoming November 26, 2016 election in Ondo state under the Ahmed Makarfi government, Eyitayo Jegede hangs in balance, as the court of appeal, Abuja division failed to deliver judgement in the appeal filed against an earlier decision of Justice Okon Abang of an Abuja Federal High Court.

The Justice Ibrahim Salauwa led panel of the appeal court informed parties in the matter that, the panel was served with the motion before the Supreme court at about 7:30pm the previous night, on an appeal against its earlier ruling where it assumed jurisdiction as a well constituted panel.

The court which had slated the day’s proceedings for judgement on the appeal of Jegede informed parties in the matter, that even though the panel was constituted as a rescue mission, looking at the circumstance that led to the disbanding of the previous panel, it had to do the right thing by awaiting the decision of the Supreme court in all the appeals filed.

“We rule that the appeal and sister appeals which were slated for ruling has been adjourned sine die to await decision of the Supreme Court”, the court held.

The special panel constituted to hear all appeals emanating from the Ondo State chapter the PDP, yesterday reserved judgement to a later date in the appeal filed the factional Chairman, National Caretaker Committee of the Peoples Democratic Party PDP, Senator Ahmed Markafi and the secretary, Senator Ben Obi.

The three member panel presided over by Justice Ibrahim Salauwa announced  that judgment will be reserved and that the date for its delivery will be communicated to the parties involved after taking arguments from all the parties in the matter.

At the resumed proceedings yesterday, counsel to the respondents, led by Prince Biyi Poroye, Beluolisa E. Nwofor SAN, while objecting to the motion moved by senator Ahmed Markafi led faction, Chief Wole Olanipekun SAN, urged the court to decline Jurisdiction from going ahead with the matter  on the ground that an appeal had been entered at the Supreme Court to challenge the decision of the court of appeal which granted leave to Makarfi and Obi eligibility to file appeal in the matter.

Nwofor told the panel of justices that since the appeal has formally been  entered at the Supreme Court,  and the motion for stay of proceedings also filed, it is automatic for the appeal court to hands off from the matter as a mark of respect to the court hierarchy.

In the alternative, in his brief of argument, the senior counsel informed the court that the two appellants filed two separate briefs of arguments dated Nov. 10 and 11,2016 which he claimed constituted an abuse of court process and demanded that the case be dismissed.

Nwofor, said that the consequences of the abuse of court is out right dismissal, adding that if the two briefs of arguments are dismissed on account of abuse of court process, then there is no appeal before the court to adjudicate  upon.

He prayed  the court to hold that there was no  brief of argument filed before it by the two appellants and urged the court to dismissed the appeal.

Earlier, the two appellants in their appeal  argued by Chief Wole Olanipekun SAN, prayed  the appellate Court to set aside the judgement of Federal High Court Abuja, delivered on June 29, by Justice Okon Abang which affirmed Senator Ali Modu Sheriff as the authentic National Chairman of the party.

In the appeal, the appellants claimed that the trial judge erred in law by concluding  that Sheriff was the national chairman of the party without giving them fair hearing before his court.

They claimed that the action of the judge constituted a denial of fair hearing and subsequently laid to miscarriage of justice in the judgement.

The appellants therefore asked the appeal court panel presided over by Justice Ibrahim Salauwa, to void the decision of the lower court and set it aside.

Counsel representing the Independent National Electoral Commission INEC, Nelson Anih said, he  did not file any process before the court, but however told the court that they will abide by the final decision of the court.

Also, counsel representing Sheriff  Mr. Rapheal Oluyode told the court that he did not file any process but alligned himself with the submissions of Nwofor.

After taking arguments from all the parties, Justice Salauwa announced that judgment will be reserved and that the date for its delivery will be communicated to the parties involved.

It would be recalled that Justice Abang of the Federal High court sitting in Abuja had in his judgement of June 26,2016, held that Ali Modu Sheriff was the authentic National Chairman of the PDP.

His grounds was that there was an order of the Lagos Division of the court presided over by Justice Ibrahim Buba, that restrained the PDP  from holding the convention where Senator Ahmed Makarfi and Senator Ben Obi emerge as  national chairman and secretary of the National caretaker committee respectively, having purportedly dissolve the Ali Modu Sheriff leadership.