The Appeal Court sitting in Ado Ekiti, on Wednesday affirmed the
Gboyega Oguntuase-led State Executive Committee of the Peoples
Democratic Party as the authentic PDP in the state.
The court set aside the judgment by Justice Taiwo Taiwo of the
Federal High Court in Ado Ekiti, which had earlier recognised Chief
Williams Ajayi-led faction.
While Oguntuase group backed by Governor Ayodele Fayose was
loyal to the Senator Ahmed Makarfi’s faction, the Ajayi group
backed by Senator Buruji Kashamu was loyal to Senator Ali Modu
Sheriff, who lost out in the battle for the national chairmanship
of the party.
Dissatisfied, Oguntuase through his lawyer, Obafemi Adewale,
approached the appeal court asking it to set aside the
judgment.
In the judgment read by Justice Fatima Akinbami on Wednesday,
the appeal court said the lower court did not take into cognisance
the Supreme Court judgment which confirmed legitimacy on the
Makarfi-led Caretaker Committee.
“The Supreme Court ruled that the national convention remains
the topmost legal body that can regulate the party and said the
need to constitute a caretaker committee was agreed at a convention
and that makes whatever they do at this state level legal.
“The lower court did not even take into cognisance the issue of
jurisdiction raised by the defendants (the PDP and Oguntuase) that
the court lacks the jurisdiction to entertain the suit in the first
instance, rather than considered this, the Judge went ahead and
delivered his judgment.
“The issue of preliminary objection raised by these defendants
on the strength of the jurisdiction and the power of party to
regulate itself without interference was valid.
“We hereby set aside the judgment of the lower court in this
regard,” the court stated.
Reacting, Adewale said the judgment had reaffirmed that there
was only one PDP executive in Ekiti.
“The court has set out clearly that the process that produced
them is legal and the people who are challenging the executive have
no platform in law.
“All the documents that the Williams Ajayi group brought were
all not signed or authenticated. And the court has said that it
will not give credence to such papers because, they are all mere
pieces of paper and not authentic documents.
“The court has reaffirmed the position of the Supreme Court that
the court has no business with matters that have to do with the
internal affairs of the party. The court cannot choose leaders or
candidates for our party.
“We have to appreciate our judiciary for standing on the path of
consistency and for also appreciating the urgency in determining
this matter.”
The Appeal Court sitting in Ado Ekiti, on Wednesday affirmed the
Gboyega Oguntuase-led State Executive Committee of the Peoples
Democratic Party as the authentic PDP in the state.
The court set aside the judgment by Justice Taiwo Taiwo of the
Federal High Court in Ado Ekiti, which had earlier recognised Chief
Williams Ajayi-led faction.
While Oguntuase group backed by Governor Ayodele Fayose was
loyal to the Senator Ahmed Makarfi’s faction, the Ajayi group
backed by Senator Buruji Kashamu was loyal to Senator Ali Modu
Sheriff, who lost out in the battle for the national chairmanship
of the party.
Dissatisfied, Oguntuase through his lawyer, Obafemi Adewale,
approached the appeal court asking it to set aside the
judgment.
In the judgment read by Justice Fatima Akinbami on Wednesday,
the appeal court said the lower court did not take into cognisance
the Supreme Court judgment which confirmed legitimacy on the
Makarfi-led Caretaker Committee.
“The Supreme Court ruled that the national convention remains
the topmost legal body that can regulate the party and said the
need to constitute a caretaker committee was agreed at a convention
and that makes whatever they do at this state level legal.
“The lower court did not even take into cognisance the issue of
jurisdiction raised by the defendants (the PDP and Oguntuase) that
the court lacks the jurisdiction to entertain the suit in the first
instance, rather than considered this, the Judge went ahead and
delivered his judgment.
“The issue of preliminary objection raised by these defendants
on the strength of the jurisdiction and the power of party to
regulate itself without interference was valid.
“We hereby set aside the judgment of the lower court in this
regard,” the court stated.
Reacting, Adewale said the judgment had reaffirmed that there
was only one PDP executive in Ekiti.
“The court has set out clearly that the process that produced
them is legal and the people who are challenging the executive have
no platform in law.
“All the documents that the Williams Ajayi group brought were
all not signed or authenticated. And the court has said that it
will not give credence to such papers because, they are all mere
pieces of paper and not authentic documents.
“The court has reaffirmed the position of the Supreme Court that
the court has no business with matters that have to do with the
internal affairs of the party. The court cannot choose leaders or
candidates for our party.
“We have to appreciate our judiciary for standing on the path of
consistency and for also appreciating the urgency in determining
this matter.”
Read more https://nairalaw.com/appeal-court-affirms-fayoses-faction-as-authentic-ekiti-pdp/