The states executives of the Peoples Democratic Party (PDP) in the South-west loyal to the Ali Modu Sherrif’s faction have filed an application at the Supreme Court to stop the newly constituted panel of the Court of Appeal from hearing appeals relating to the party’s nomination of candidate for the Ondo State governorship election.

They are also asking the Court of Appeal in Abuja to reverse the decision by its President, Justice Zainab Bulkachuwa, to constitute a fresh panel to hear these appeals.

In a motion filed yesterday by members of state executives of the PDP in the six South-west states loyal to Ali Modu Sheriff and led by Biyi Poroye, the factional Chairman of the Ondo State PDP, they also asked the court to disband the new appeal court’s panel comprising Justices Ibrahim Salauwa, Ignatius Igwe Aguba, and George Mbaba.

They said the new panel was allegedly set up in breach of their right to fair hearing guaranteed under Section 36 of the constitution.

Poroye and others equally prayed the court to order the return of the case files relating to the appeals and the application for leave to appeal as an interested party (against the decision of the Federal High Court of October 14 2016 in suit No. FHC/ABJ/CS/395/2016) – filed by Eyitayo Jegede (factional PDP candidate of the state PDP “to the Registry of the Court of Appeal to take its normal course and turn in the docket of the court.”

The affected appeals are: CA/A/551/2016 filed by Ahmed Makarfi and Ben Obi against Poroye and 10 others and CA/A/551A/2016 filed by Clement Faboyede and another against 10 others; CA/A551B/2016 filed by the PDP against Poroye and 9 others and CA/A/551C/2016 filed by Jegede against Poroye and 10 others.

They argued that not only did the President of the Court of Appeal act without hearing from them, the case, being a pre-election matter, did not warrant any urgency to require the constitution of a special panel.

They added that those who filed the appeals against the June 29 and October 14, 2016 decisions of Justice Okon Abang of the Federal High Court, Abuja, were not parties in the cases leading to the decisions.

The applicants also argued that no orders were made against any of them (those behind the new appeals) and that they (the applicants), who were plaintiffs in the suits, were not informed when the President of the Court of Appeal acted solely on the request by the appellants to constitute the panel on the grounds of urgency.

They have also filed a motion before the Supreme Court seeking a stay of all proceedings before the Court of Appeal in relation to the appeals pending the determination of the two appeals they filed on October 31, which have entered and given number: SC/914/2016 and SC/915/2016.

The motion filed by two members of the party, Benson Akingboye and Ehiozuwa Agbonayiwa, seeks a stay of all further proceedings and further hearing in CA/ABJ/402A/2016 filed on behalf of the PDP by a lawyer engaged by the Ahmed Makarfi-led faction of the party’s leadership.

They based the application on the ground that it was wrong to allow the Court of Appeal to proceed with the appeals when they have valid appeals before the Supreme Court, which challenged the jurisdiction of the Court of Appeal.

Other grounds raised by them are: “As the first and second respondents in the lower court, they (Akingboye and Agbonayiwa) challenged by way of preliminary objection the validity of the appeal which originated the appeal at the court below.

The appeal at the Supreme Court, filed on October 31, 2016, by Akingboye and Agbonayiwa, is against the October 29, 2016, decision by the former panel of the Court of Appeal led by Justice Jumai Sankey in which it ordered accelerated hearing in the appeals.

No date is set for hearing of the appeal filed for the appellant by B.E.I. Nwofor (SAN) yet.

Siberia101:
Lol Jimoh and Sheriffs Money is Working

Mrdecent:
Delay tactics.... These people are not even ready for election let alone thinking of winning. They only want to frustrate mimiko and his goons.

Interesting stuff like seriously

odiks:
Mimiko don enter one chance in the hands of Sheriff and his group. Time for campaigning is being wasted at the court.

Mrdecent:
Delay tactics.... These people are not even ready for election let alone thinking of winning. They only want to frustrate mimiko and his goons.

Interesting stuff like seriously

Mrdecent:
Delay tactics.... These people are not even ready for election let alone thinking of winning. They only want to frustrate mimiko and his goons.

Interesting stuff like seriously

kcnwaigbo:

The new appeal panel will begin sitting today and deliver judgement before the end of next week. Jegede has will regain his mandate before the elections

kcnwaigbo:

The new appeal panel will begin sitting today and deliver judgement before the end of next week. Jegede has will regain his mandate before the elections

kcnwaigbo:

The appeal court will go ahead to sit,they can boycott it if they want but judgement will be delivered soonest

kahal29:


Soonest as is when exactly?

kahal29:


It's a lie.. .. Nothing happens till the suit at Supreme Court it's determined. Quote me later. Besides thought it was yst that the hearing was supposed to start? Why today again? Guess you have heard that the NJC has finally suspended the 7 accused judges. Thought they were forming Jackie Chain before unto say they be an Arm of Government? What made them backtrack?

modath:


KC, day don break, na wee wee you dey for bed, nor be roof dey leak ooo... all your postulation, na all blow for ya face, u nor dey taya?

kahal29:


I dey tell you. The guy dey hope against hope. One thing they fail to realize is that this is not even the main appeal. They are still begging to be joined as parties to the suit since they were not a party to the main suit before and assuming without conceding that their prayer is granted they will now seek to appeal the judgment of Justice Okon Abang which declared Jimoh Ibrahim as the candidate of the PDP. Unfortunately for them also the 90 days of Grace to appeal the said judgment has elapsed.

docadams:
kcnwaigbo


The name may be different but every other thing reeks of pa Chukwudi.

TonyeBarcanista:
Sheriff has gone mad again. it is glaring that he he is afraid of the court and decide to employ delay tactics.

TonyeBarcanista:
Sheriff has gone mad again. it is glaring that he he is afraid of the court and decide to employ delay tactics.

kcnwaigbo:

You never learn the same way you were forming Jacky chan in uche Ogah's case!! Of course there are an arm if government and are the ones who will adjudicate over the trial and not the executive

docadams:
kcnwaigbo


The name may be different but every other thing reeks of pa Chukwudi.

kahal29:


Yes I still they form Jackie Chan cos the last has not been heard on the case. Besides it's a pre election matter and it is running it's normal course unlike this your case which you and Mimiko wants to be decided by fire by thunder. Why not allow it run as Uche Ogah case is running since both cases are pre election matter and it is not time bound. Why the hurry? The Case can still go on just as Uche Ogah’s case is going even after the election have been conducted. Abi are you afraid of defeat if the case is not decided before the Nov 26 election?

TonyeBarcanista:
Sheriff has gone mad again. it is glaring that he he is afraid of the court and decide to employ delay tactics.

kcnwaigbo:

Lolz no dear, the appeal court will rule on the case before the election!! The deal between sheriff and the APC will be brought to naught by the judgement. It has already been granted an expedited hearing. Am sure you were surprised how fast the new panel was reconstituted!!! Judgement will be delivered before the election so better tell Akeredolu to work harder as he will most likely be confronting Jegede and not Ibrahim at the polls

kahal29:


So you don't want to it to run like Uche Ogah’s case is running... . Onye Ama mu ihe