The Court of Appeal, Ibadan Division on Monday adjourned to Nov. 20, argument of applications in the appeal filed by the Peoples Democratic Party (PDP) against the order obtained by the Sen. Buruji Kashamu-led faction.
The party appealed against the order, which directed the Independent National Electoral Commission (INEC) to recognise the list of candidates for the elections presented by the Kashamu faction as represented by the Chief Adebayo Dayo led state executive.
The order was obtained at a Federal High Court, Abeokuta, Ogun State, thereby jeopardizing the governorship candidature of Hon. Oladipupo Adebutu, and others who were on the list that the PDP had earlier submitted to INEC for the election.
The appellate court adjourned hearing of the applications after respondents’ lead Counsel, Alex Iziyon (SAN), pointed out non-inclusion of the order, which formed the basis of the appeal in the appellant’s applications.
He also pointed out some other omissions in the applications filed by appellant’s lead counsel, Emeka Etiaba (SAN). The latter explained that his junior, who compiled and filed the processes, made the mistakes inadvertently.
Hon. Justice J.O Bada, Presiding judge, Hon.Justice Haruna Tsammani (JCA) and Hon. Justice N. Okoronkwo (JCA) ordered the application filed by the appellants to be struck out.
The case with Appeal No : CA/IB/ 428/2018 with suit no: FHC/AB/CS/114/2018 was between People’s Democratic Party (PDP), Prince Uche Secondus, National Chairman, and Sen. Ibrahim Tsari, Secretary vs Chief (Engr.) Adebayo Dayo and nine others.
Mr Emeka Etiaba, (SAN) representing the appellant, said that the appellant brought five applications, in addition filed with the brief of argument in the appeal, out of five application, two actually duplicated.
“One was filed on Oct. 15, first day of execution, the second one filed on Nov. 2, we have to apply that the first one be struck out, and it was struck out at no cost
“Basically, the different between the first application and the second application is that when we filed the first application, Independent National Electoral Commission (INEC) had not accepted the list of the respondents.
“Unfortunately for us, while we were filling the application, the young man who actually filed it did not put the proposed, but, put the real thing, which, in law mean we have not seen what is proposed,” said Etiaba.
Etiaba said Nov. 20 is for them to argue other application, so that the appellant go for appeal.
The News Agency of Nigeria (NAN) reports that the appellant is praying the Appeal Court for their appeal be allowed, and the orders made by the court not be dismissed.
The appellant is praying the court to remit the matter to the Chief Judge in the Federal High Court to reassign the matter to another Judge as they alleged bias in the matter.