The special panel of the Appeal Court sitting on the Ondo Peoples Democratic Party Governorship candidate tussle has dismissed the application of sacked factional chairman, Biyi Poroye challenging it's jurisdiction and asking for its disbandment.

Justice Ibrahim salauwa says poroye's application is stinking, has no merit and hereby dismissed.

Two other justices on the panel, Ignatius Agube and George Baba agreed with justice Salauwa that the application is absurd, blackmail, utmost mischief, abuse of court process aimed at annoying the appellant and obstructing justice.

The appeal Court justices added that it is a misnomer for the Appeal Court President to consult with parties before setting up any panel which would undermine his administrative powers as enshrined in the constitution.

The special panel also granted Mr Eyitayo Jegede's application to appeal justice Okon Abang judgement which ordered the substitution of his name with that of Jimoh Ibrahim as the PDP governorship candidate.

In his lead ruling, Justice Salauwa said the application is of merit having critically examined the grounds of appeal and supporting affidavits as well as counters from the other parties.

He said Eyitayo Jegede clearly established with copious evidence that he was affected by the ruling though not a party to the suit having successfully gone through a primaries in Akure.

The two other Justices concurred with justice Salauwa ruling.

At the last sitting on Monday, the Appeal Court Panel specially constituted to hear and give rulings on the Ondo PDP gubernatorial candidature reserved its ruling till today.

The sitting began with an application by Ben Nwofor, counsel to the self-acclaimed Chairman of the PDP in Ondo State, Biyi Poroye, challenging the jurisdiction of the special panel and asking for its immediate disbandment.

On the motion by Eyitayo Jegede SAN seeking leave to appeal Justice Okon Abang's ruling of October 14 which ordered the substitution of his name by INEC as PDP candidate for this month's election, Biyi Poroye's lawyer, Ben Nwofor SAN said the appeal was belated and did not identify suit title and parties for which the ruling was delivered.

But Olanipekun SAN, who led two other SANs, Ife Adedipe and Dayo Akinlaja and 18 other lawyers to appear for Jegede, in his arguments said the Appeal court President's action is an administrative decision adding that the special panel cannot give credit to Poroye's application let alone treat it.

He added that based on section 318 of the 1999 constitution, the decision of the Appeal Court President to set up the panel can't be appealed against or set aside.

Olanipekun further said that the appeal was filed within time and prayed the court to allow Jegede appeal Justice Abang's judgment in view of it's urgency which affects his interest and Fundamental Human Rights.

Other applications heard by the special panel include Ahmed Markarfi versus Biyi Poroye, PDP versus Biyi Poroye, and Clement Faboyede versus Biyi Poroye.



Read more at http://www.dailytrust.com.ng/news/politics/ondo-court-grants-jegede-leave-to-appeal-subsitution-of-his-name-by-inec/171133.html#vv6q30M3hjLsOfWF.99

Interesting!


Mimiko and jegede must do all that is necessary to continue to canvas for votes while pursuing this case because by the time the courts dispenses this case, their supporters might have been demoralized and there might not be enough time to campaign again.

My thoughts though.