₦airaland Forum

Poroye's lawyer, Nwofor adds that they also filed a motion b4 d panel asking it to disband itself until Supreme rules.

Poroye's lawyer is arguing again for jurisdiction

Olanipekun informed the court that the appeal is for hearing.

Olanipekun tells the court they are ready to adopt their brief of arguments filed on the 11th November

Anih for INEC, Mrakpkor, for Sherriff-led PDP, Badejo for jimoh ibrahim seeking to be joined in the suit.

Olanipekun, Adedipe, Akinlaja and others for Jegede, Bel Nwofor and three others for poroye & others

Eyitayo announces his presence and Markarfi as chairman, NWC of PDP. Nobody appears for Sheriff's faction.

Olanipekun prays the court to start with appeal no 3 which is Jegede vs Poroye and ors. He's granted by the court.

Justices Salauwa, Aguba, Mbaba arrive d court 4 sitting. Justice Salauwa says it's a great pleasure to be around again

NFFGG:
is court in session now? @ engineer boat

No.

It's still arrivals of appellants, respondents and their counsel's at the Court room.

Counsel's arriving the Court of appeal

See people booking space chaiiiiii

The legal firework starts this morning by 9am at the Court of Appeal Abuja on the Substantive Appeal between.

1. Eyitayo Jegede vs Biyi Poroye and others.
2. PDP vs Poroye and Others.
3. Markafi and Ben Obi vs Poroye and Others.


This was sequel to the earlier rulling ruling of Justice Salauwa Appeal panel which ruled last Thursday that Eyitayo Jegede can file a leave of Appeal to reverse the substitution of his name by INEC for Jimoh Ibrahim.

The case will resume this morning at the Appeal Court for the final adoption of brief of arguments by parties before judgement.

Welcome once again for another round of legal firework.


Stayed tuned for proceedinga as it happen.

Good morning.

Summary of the First application.

Eyitayo Jegede vs Biyi Poroye

At the resume hearing of the substantive suite today, Poroye Lawyer trying to stop the further hearing of the Appeal.
But the Court of Appeal Panel told Biyi Poroye and Jimoh Ibrahim that application for stay of proceedings filed at the Supreme Court cannot stop the proceedings of the substantive Appeal.
They said the Supreme Court in a recent judgement has said that interlocutory Appeal from court of Appeal to the Supreme Court should not stay the proceedings of the Substantive Appeal.

The panel therefore threw out the application by Biyi Poroye Counsel “that since they (Poroye and others) have and application for stay at Supreme Court, that the Court of Appel should stop sitting on the Appeal”.

When Jimoh Ibrahim Lawyer Discover that their attempt to stop the panel has failed, he informed the court that he has an application for joinder. The panel asked him to moved His application and that they will rule on it immediately.

At that point, Jimoh Ibrahim counsel withdrew his appearance from the case, siting “that his integrity is at stake” and of utmost importance to Him.

The panel immediately asked parties to adopt their brief of argument. Eyotayo Jegede councel (Wole Olanipekun SAN) immedeately aadopted his brief of argument.
Biyi Poroye Counsel (Nwofor) has no brief to adopt since he did not file any, when he ought to file.

Biyi Poroye Counsel (Nwofor SAN) now beg to be given time to file his brief which plea the panel refused.
The panel therefore rule that the Appeal is now ripe for Judgment and that day of will be communicated to the various counsel.

Court adjourns for recess to resume later on two other applications.

1. PDP vs Poroye and others
2. Markafi and Ben Obi Vs Poroye and others

The ACJA, 2015 in Section 396 (2) provides thus:

“(2) After the plea has been taken, the defendant may raise any objection to the validity of the charge or the information at any time before the judgment provided that such objection shall only be considered along with the substantive issues and a ruling thereon made at the time of delivery of judgment”

What this portends in essence is that a defendant is at liberty to file as many objections as he wants but the objections shall be heard alongside the substantive matter and the ruling on same delivered with the judgment. If there is no ruling during the pendency of the matter, I ask us all seated, how can interlocutory appeal arise? How then will the issue of stay of proceedings pending appeal come up?

This is a particular procedure that is used regularly in election matters and I can testify that it is one of the provisions in the 1st Schedule to the Electoral Act that has made it possible for the time lines provided for election matters to be achievable.

Furthermore, the Act expressly provides in Section 306 that

“An application for stay of proceedings in respect of criminal matter before the court shall not be entertained”

With this brilliant provision, the ACJA, 2015 has effectively taken care of delays in hearing and dispensing of justice in criminal matters.

I refer us all to Section 306 and 396 of the ACJA, 2015 which, in my opinion, are bombshells that have effectively taken care of delay tactics by legal practitioners in criminal matters.

Furthermore, according to Section 396 (7) of the ACJA, 2015, the elevation of a High Court Judge to the Court of Appeal will no longer delay criminal trial as the Judge shall have dispensation to continue to sit in the lower court only for the purpose of concluding any part-heard criminal matter pending before him/her at the time of the elevation and shall conclude the same within a reasonable time.

seunmsg:
It is a very simple delay tactics, cktheluckyman and pontaboki ares just arguing against what is obvious.

Appeal Court have fixed tomorrow 9am

So let's wait till tomorrow and see what will happen.

Tomorrow is by the corner

No need to quarrel.

Notice:

Appeal hearing begins tomorrow at thr Abuja Appeal Court by 9.am.

All Appellants and Respondents with their counsel's are therefore by this notice to be available for hearing.

Justice Salauwa

The legal battle of the Ondo state PDP governorship candidates.

It has reach a new level and by tomorrow morning the Appeal hearing continue.

The case resumes tomorrow morning at the Appeal Court for D final adoption of brief of arguments by parties before judgement.

Stay tuned for more updates

modath:
Engineerboat,
Based on our recent history, I'm fairly certain you will "mention" me, so I'm saving you the stress by showing up and reiterating my earlier point... Nov 26th will be here soon enough, make we siddon look...

Kwakwakwaaaa.

Good eveni.

Well can we eat this Aketi bread together. It's called buredi-bugan very sweet.

https://www.nairaland.com/3463613/ondodecides2016-aketi-campaign-recession-parliative

Ondo election is gradually coming closer and various parties campaign strategies on how to woo voters,

among those strategies is Rotimi Akeredolu (Aketi) APC recession palliative Bread.

KINGinVAHALA:
Victor Moses was born and he also grew up in Benin city, this isn't something I was told but what I know because I know him and his family. His family house is located in a place in Benin city called 2nd east circular road by saint savior. He spent most of his footballing life playing for a Benin city club called B.J Fc, same club players like Isaac Success, Ederson Uwa Echiejile, Stanley Okoro, Obanor and many others also played for. I was also a player for B.J Fc before my footballing career was halted after sustaining a 3years knee injury. Moses was in Benin before the beginning of this season and he gave B.J Fc 10 balls.

Since you are so sure his father is not dead. Can you upload his father's picture, the family house

2. REVEALED: ‘JIMOH PAID ME 350K TO BLACKMAIL JUDGES, WHILE SHERIFF PAID ‘STAFF’ FOR INFORMATION’ – POROYE

From his hideout, Biyi Poroye, the man in the eye of the storm over a damning affront against the judiciary in a letter that thoroughly smeared the integrity and personality of a three-man Court of Appeal panel, may have started confessing to reveal the identity of his sponsors and co-conspirators.

Afraid for his life over fear of being killed to cover up the matter, Poroye – claiming to be Ondo State Peoples Democratic Party (PDP) factional chairman, has informed close associates how Ali Modu Sheriff and Jimoh Ibrahim financed and coordinated the blackmail of the Justices who sat on the Ondo PDP governorship candidate tussle, albeit short-lived.

The panel led by Justice Jumai Sankey however elected to recuse themselves of the matter, to preserve their names and to allow the President of the Court of Appeal to properly investigate the allegations deposed to by Poroye in a court affidavit.

It is not yet ascertained if Poroye would be compelled by the bench to defend his allegations or declared wanted if he fails to turn himself in from where he is presently holed up.

Poroye’s sources told The Editorialng that he has only been given a paltry sum of N350, 000 out of the N5million naira promised by Jimoh Ibrahim – the man temporarily listed through a contentious court order by the Independent National Electoral Commission (INEC) as PDP candidate for Ondo State.

According to this information, Sheriff – the estranged former PDP National Chairman was said to have equally compromised some judiciary staff to obtain some information about the background and operational history of the judges across various divisions of the Court.

Sheriff also used his extensive reach in the northern circle to obtain special information on the chairman of the panel, Justice Sankey, which made “them” – (those involved in the blackmail) to stumble on the ailment behind her health challenge that happened a few years ago, said our sources.

The Editorialng reports that both Sheriff and Ibrahim are yet to distance themselves from the Poroye’s petition even when their lead counsel in the matter, Alex Iziyon (SAN) has sent in a letter of notice to withdraw legal representation in their appeal.

This may have further confirmed the information supplied by our sources that the duo of Sheriff and Ibrahim masterminded this affront against the justices of the Appeal Court in a bid to frustrate the case and cause some delay.

Aside the fear of being silenced not to divulge top secretes over what transpired in cooking up the petition, Poroye is also said to be afraid of being be lynched in his state for unsettling their political atmosphere.

Poroye according to our sources, also fingered a senior lawyer amongst the counsels enlisted to handle their case, as the one who coordinated the petition against the judges. He has vowed never to go down alone should those who promised him cover fails.

The petition which deeply troubled the judiciary has made Alex Iziyon, a senior member of the bench and a lead-client to Poroye, Sheriff and Ibrahim, to withdraw his legal services from their matter to save his reputation.

Iziyon said: “With what transpired yesterday in court in the matter associated with CA/A/551C/M/2016 in Mr. Tayo Jegede’s motion, you will recall my person was indicted by the presiding justice as having the foreknowledge of the petition written by the 1st Respondent despite my protest and innocence. It is in this regard that I hereby withdraw from further appearance. This is to enable you brief another lawyer who shall take over the file.”

Poroye has also vowed to reveal how Jimoh Ibrahim intends to trade-off the PDP for the All Progressives Congress (APC) in a mouthwatering deal if he is betrayed by his co-travelers, according to his confidants.

The governorship poll is scheduled for November 26, 2016 and it is expected that a new panel which has now been constituted by the Appeal Court to hear the matter would with a speed of light dispense justice quickly.

http://theeditorialng.com/2016/11/03/revealed-jimoh-paid-me-350k-to-blackmail-judges-while-sheriff-paid-staff-for-information-poroye/

1. EXPOSED: HOW SHERIFF, JIMOH IBRAHIM BRIBED JUDICIARY STAFF TO BLACKMAIL JUDGE


Presidency, top lawyers Fingered Reports have emerged how Senator Ali Modu Sheriff and Jimoh Ibrahim bribed some staff of the Appeal Court to blackmail the panel of three Justices constituted by the president of the court of appeal to hear the PDP matter as it relates to the forthcoming gubernatorial election in Ondo State.

It would be recalled that Justice Jumai Sankey and her other colleagues recused themselves from the matter a day after one Biyi Poroye working in concert with the Modu Sheriff group of the PDP wrote a damning but false petition against the three justices particularly Sankey.

Although Poroye bolted from the court when the issue was raised as he could not defend any of the allegations in the petition to which he also sworn an affidavit, all counsels involved in the matter even including his own lawyers denied any knowledge of such application and also all went ahead to condemn it in very strong terms.

However, investigations has shown that not only did Poroye work assiduously with Sheriff and Jimoh in writing the petition, his lawyers were also very much aware of it, and, in fact, drafted it for him, only to come to court to feign ignorance of its existence as part of the script.

Our reliable source who is threatening to spill the bean after Sheriff and Jimoh seem to have reneged on their promises of financial gratification, said he got involved after meeting Sheriff and Jimoh at a secret location in Abuja where some other staff of the court of appeal from different divisions were ferried to and were already waiting for him.

Although he claimed to be reluctant in being a part of the ‘deal’ at first, but that Sheriff showed him and his colleagues phone calls and text messages earlier exchanged with two powerful members of the presidency as a way of confirming to him that the presidency was also in support of the move. With a promise of N2.5m for each of them for their cooperation, their role was to furnish Sheriff and Jimoh records of the justices who make up the panel so that could form the basis for the petition they intended to write against them He further said that since nothing real or concrete could be found against the justices, they suggested to them (Sheriff and Jimoh) to rely on the fact that Sankey had once been so sick for five years that she spent a lot of money treating herself to the extent that she is now so poor that she lives an austere life.

This information now formed the fulcrum of Poroye’s 7-page petition against her and the other members of the panel, claiming that she (Sankey) must have been compromised following her need for money.

Having achieved their aim of forcing the justices to recuse themselves from the matter following the petition, Sheriff and Jimoh were no longer forthcoming to fulfill their own part of the bargain as they no longer pick the calls of their agents and informants, hence, the threat to expose the whole deal to the public. Recall that Justice Sankey while reacting to the petition before recusing her panel, said in an emotion-laden voice that the petition was most wicked and evil especially as it surrounded an issue as personal as an ailment which no one is above.

It is believed that Sheriff and Jimoh Ibrahim are frantically making efforts to frustrate the matter before the appeal court by applying delay tactics, blackmail and intimidation of justices with the help of some powerful presidency forces just to ensure that the case is not heard before the November 26 election date for Ondo State.

When contacted on this development, a source in the Eyitayo Jegede camp expressed overwhelming confidence in the judiciary to do justice in the matter expeditiously. He regretted that Sheriff and Jimoh could go to any extent even if it meant destroying the judiciary just to achieve their own personal gains and score cheap political points.

“We are aware of their wicked antics which they are notorious for, but our confidence lies in the fact that this same judiciary has shown exceptional courage in even more trying situations and will remain resolute in giving us justice in this matter. We have total confidence in them”, he concluded.


Read more at: http://dailytimes.ng/exposed-sheriff-jimoh-ibrahim-bribed-judiciary-staff-blackmail-judge/

jayjam:
#copied
WITH GOD NOTHING IS IMPOSSIBLE, AND HE IS WITH ME, SAYS SHERIFF AS APPEAL PANEL TODAY DISMISSED ALL THE CASES FILED BY MAKARFI AGAINST JUSTICE ABANG'S RULINGS:

Reports reaching my desk from the Special Appeal Panel constituted to hear and determine the appeals filed by Makarfi and Co, under the urgent matter of time.

For the court to hear and deliver ruling in the cases bordering on Ondo State PDP candidature and jurisdiction of Federal High Court Abuja's rulings, restrained them from taking any action on behalf of the party.

Thus, in today Thursday 10th November, 2016, judgement, the Appeal Panel headed by Justice Saulawa, delivered it's rulings on the seven motions before it, filed by Makarfi and his team.

1. The first ruling, their Lordships granted Makarfi's application and dismissed Sheriff's prayers which says that "the Panel lacks jurisdiction to hear and entertain the matter, as such they should dismissed themselves, from further hearing the matter" but the court ruled that, "it has jurisdiction to hear and determine the matter, thereof".

2. The justices granted Jegede's application to be allowed as an interested party in the Ondo State PDP matter? Which the court granted same.

3. The court also ruled that the decision within which the trial court based it's judgement lacks merit, because Jegede was not a party in the matter, as such the ruling of the lower court can not be binding on him. As such he must be allowed to join for fear hearing, and that the court should not shut it's door on such a person who showed all documents that he under goes the electoral processes by the lower court and having substituted his name with Barr. Jimoh Ibrahim by INEC. Therefore, he is granted the right to appeal.

4. It should be noted that, the appeal by Jegede, not to substitute his name by INEC, was accordingly struck out, as their lawyer announced the withdrawal of the motion, stating that it was over taken by event, since, INEC has already make it's decision, by removing his name.

However, it was based on the above first three rulings, that Makarfi and his supporters goes to the press, without waiting to hear from the court's ruling regarding the remaining matters, were quick to tell the whole world that "Jegede has won the case and that he is now the PDP candidate for Ondo State.

Hence, in what seems like they placed the cart before the horse, all the matters appealed by Makarfi, against the decision of Justice Abang, were adequately struck out by the three Penal Judges,who ruled as follows :

1. The appeal by Makarfi to substitute the papers already filed seeking to set aside all the decisions taken by Justice Abang against his Care Taker Committee, was struck out, on the grounds of abused of court process.

2. The appeal by Makarfi to set aside all the rulings delivered by Justice Abang, was also struck out, on the bases that it is an interlocutory appeal, which must sought the leave of the trail court.

3. The motion seeking to filed another processes in addition to the ones already filled, has also been dismissed, by their Lordships, on the ground that, they have to withdraw the current processes before the court, which their lawyer did, hence the matter was struck out on that ground too.

Therefore, on what was at the beginning seems like a victory to Makarfi and his supporters, turned out to be a defeat surfered once again in the hands of Sheriff, who hit them below the belt.

The fact remains that, all matters regarding the leadership of the PDP, have to be returned to Justice Abang's court for final judgement, as to who is the Substantive National Chairman of PDP.

Because, the original matter that emanated from the Federal High Court Lagos Division, has not been set aside nor appealed against, and the appealing date have already elapsed. Hence, any pronouncement by Justice Abang, STANDS.

And, in today's judgement by the Appeal Panel, there was no mention of any directive for INEC whatsoever by the Appeal Court, to substitute Barr Jimoh Ibrahim, or any directive for INEC on the next line of action on the Ondo PDP matter.

Thus, the Appeal Panel, only says that "Jegede's prayers have been granted and that now he has the right to appeal against INEC and PDP as an interested party.

Till we meet in the Federal High Court in Abuja, for further judgement on who leads PDP and when his tenure ends.

Always stay on parth of justice and remain blessed. To God be the glory.

*He laugh last laugh best*

No matter what you people try to paint this appeal

You people will keep making mess of your argument.


1. The appeal have been filed before replacement and had..
2. Jegede had to approach the appellate court when his constitutional right was trampled upon.
3. Why did Poroye & Sheriff have to use the same counsel as prosecutor and also defendant in the case before abang.

4. Sheriff is only crying more than the believed.

5. If Poroye and jimoh are so sure of themselves. Let them appear before the CJN and President Court of Appeal who both are chairing the panel set up to look into the fictitious allegations against the first appeal panel. Till today they refuse to show up and You are here defending them on top of news paper.

6 Jegede had already filed His Appeal and Argument yesterday, yours is to filevyour response beforbefore Monday Chikena.

7. Remember you cannot use the same lawyer at the Appeal again. If you like go back to abang. Case is already at the Appeal.

8. Clearing abang by NJC is just an administrative function which holds no impact on the case concern. So don't give yourself false hope.

9. Go and defend your Abang judgement at The Appeal. Is that not simple enough.

10. Sheriff should stop been.........

Johnnyessence:
it will shock u when u see d results of the election favoring aketi. It is confirmed that aketi is the one leading all the contestant in ondo state governorship election. So just seat back and watch and keep ranting ok it pays u.

Your result printing press in Porthavourt is closed down.

Are you aware about that.

muzzol:
More reason i advised you to research before having the urge to post else you will only wallow in ignorance....tell me, was the President not represented by SGF? Was Senate president not represented by Sent Adeleke and was Speaker Dogara not represented by Deputy Speaker Lasun? There were over 6 ministers on ground, over 8 Governors....if you did your research, you would have known that the President was swearing-in Acting-CJN in Abuja and HOR was having a special session for Hon Shuaibu who is being sworn in as DG in Edo State tomorrow.

So to bust your bubble.

Isn't APC aware that the president will not be available. Why did they have to lie that The president, VP, Speaker, Senate president, TINUBU, Aregbesola, Ambode will be there live.

Now tell me are they their live as shouted on top of their voice during the jingle.

Motor announcement, poster's and the likes.

8 governors you said, no wonder they turn Akure Language into hausa language.

Johnnyessence:
keep ranting and wailing ok is it not d same oyegun that rally round oshiomole and obaseki during d campaign. U have not see anything yet. By special grace of God obaseki will be swear in tomorrow in benin city. U are invited ok. D same oyegun is campaigning for aketi and at d end he will win in landslide victory. Infact on that day of swear in u will be invited and grace d occasion. Aketi will win with huge margin of votes of d masses. So keep wailing.

May God spares our lives till that time.

God's speed in your endeavour

The Independent National Electoral Commission has named businessman Jimoh Ibrahim as the candidate of the Peoples Democratic Party for the November 26 governorship election.

Mr. Ibrahim’s name was posted on an INEC notice board in Akure as well as on the commission’s website. This implies that until a superior court gives a contrary judgment, Eyitayo Jegede, the candidate of the Ahmed Makarfi-led faction of the PDP will not be accepted as the party’s candidate.

A court order from an the Ondo State High Court on Wednesday restrained INEC from recognizing Mr. Ibrahim as the candidate of the PDP pending the determination of the substantive suit before the court.

The Ondo State Resident Electoral Commissioner, Olusegun Agbaje, however,  on Thursday night that Mr. Ibrahim was approved as candidate based on an order from the Federal High Court in Abuja presided over by Justice Okon Abang. Mr. Abang had on October 14 declared Mr. Ibrahim the true candidate of the PDP.

On Thursday, Mr. Abang rejected a plea by Mr. Jegede seeking to be allowed to appeal the October 14 court judgement. It is based on these two court rulings that INEC approved Mr. Ibrahim as the PDP candidate.

“We received a court order from the High Court in Akure and that was yesterday(Wednesday), but there was a subsisting one by Justice Abang today(Thursday), that is what happened,”

Mr. Agbaje said. Asked if another court order can upturn the situation, Mr. Agbaje said INEC would have no choice but to drop Mr. Ibrahim if another superior order comes in favour of Mr. Jegede.

“That is why we put in front of the name ‘court order,’ to show that the name was picked as a result of an order of the court,” he said.

“The situation will continue that way until the matter is decided by the Supreme Court if the parties choose to proceed to the apex court.”

The commissioner said the politicians had brought themselves into a tight corner, noting that instead of going to the Court of Appeal, they were jumping from one high court to the other.

“Now they have to go on appeal at a higher court,” he said.

“They are the ones undoing themselves and like I said, we do not have any candidate. We will only abide by the laws guiding the process.”

Read more at: http://dailytimes.ng/ondo-2016-named-jimoh-ibrahim-pdp-candidate-inec/

This is INEC chairman speaking on 28th October

You can listen to it also on www.adaba889.fm

Let me quote INEC chairman ondo state statement during an interview on Adaba FM now.

"Jimoh Ibrahim Name is marked With conditional statement, (he's there because of court injuction), therefore if any higher court give another ruling we INEC are law abiding agency we will obey"

So tell Abiodun Oluwarotimi that he's very far from the truth

Are you in ondo state currently

SlayerSupreme:
Everybody knows Barcanista can't be trusted.

Just because he did not support your IPAD struggle