The Court of Appeal in Abuja on Friday reserved judgment in the motion filed by a factional chairman of the Peoples Democratic Party, Ahmed Makarfi, and the faction’s secretary, Ben Obi, seeking leave to appeal against the Federal High Court’s judgment which recognised Jimoh Ibrahim as the PDP’s governorship candidate in Ondo State.

The Independent National Electoral Commission on Thursday, acting on the June 29 judgment of Justice Okon Abang and another enforcement judgment of the same judge on October 14, dropped Eyitayo Jegede’s name and replaced it with that of Ibrahim.

The governorship election in Ondo State is slated for November 26.

The proceedings of Friday during which a joint motion filed by Makarfi, Obi and others were heard lasted about six and a half hours.

Makarfi and Obi filed their motion in the appeal CA/A/155/2016 seeking an extension of time to appeal and the leave to appeal as interested parties against the June 29.

Jegede also filed similar motion in his appeal numbered CA/A/155C/2016, but was adjourned till Tuesday for hearing.

Makarfi, Obi and Jegede needed to file the motion seeking leave because they were not parties to the suit at the Federal High Court and failed to appeal within the statutory 90 days within which they ought to do so.

Makarfi and Obi’s motion argued by their lawyer, Mr. Dayo Akinlaja (SAN), was opposed by the lawyer to the respondents, including the Biyi Poroye-led faction of the PDP in Ondo State, Alex Izinyon (SAN), on Friday.

Poroye’s faction which produced Ibrahim as the party’s candidate belonged to the Ali Modu Sheriff camp, while Jegede belonged to Makarfi faction.

PDP’s lawyer, Olagoke Fakunle (SAN), also opposed the motion. But INEC’s lawyer, Mr. Nelson Anih, said the commission would remain neutral. After the hearing, the court reserved judgment till a date to be announced later.

But Jegede’s similar motion seeking to appeal as an interested party was adjourned for hearing till Tuesday because the respondents were only served on Thursday and needed time to respond to it.

There was however a drama over the appeal filed by the PDP when the lawyer, Robert Emukpero, who filed the motion and Fakunle both announced appearances for the party. The motion was adjourned till Saturday to sort out the party’s appearance and for hearing.

Sheriff, Makarfi and Obi were present in court on Friday.

Meanwhile, Jegede withdrew his motion before the Court of Appeal in Abuja seeking to restrain the Independent National Electoral Commission over his candidacy in the forthcoming November 26 election.

The Chairman of the Makarfi-led faction of the PDP in Ondo State, Mr. Clement Faboyede, and the Secretary, Chief Oyedele Ibine, also withdrew their joint motion for stay execution on Friday.

Their lawyer, Akinlaja, told the Justice Jumai Shankey-led three-man appeal panel that the withdrawal of the motions for stay of execution had been overtaken by the event of the INEC’s decision to substitute Jegede’s name with that of Jimoh Ibrahim late on Thursday.

While earlier withdrawing Faboyede’s motion, Akinlaja said the motion had become stale in view of the action the INEC took on Thursday.

But when it was the turn of Jegede’s case, Akinlaja was reluctant to withdraw the motion for stay of execution.

Rather, he urged the court to order INEC to reverse the substitution of Jegede’s name with that of Ibrahim.

He said, “Yesterday, the 10th respondent decided to substitute the name of the applicant with the name of one Jimoh Ibrahim notwithstanding that they have been served with the applicant’s motion.

“On the basis of that I will be praying your lordship to order the reversal of what the 10th respondent has done which was designed to truncate the hearing of the application.”

When asked by the appeal panel if his application was proper in view of the fact that his client’s motion seeking the leave to appeal in the case as an interested party had yet to be heard, he cited section 30 of the Court of Appeal Rules to argue that an application to appeal also constituted a proper appeal.

But he later succumbed to withdraw the motion when he realised the stance of the appeal panel.

The court then struck it out but refused to grant the prayer of the respondents’ lawyers for an award of cost against the applicant.

kahal29:
This is the correct version of what transpired at the court of appeal yst. Unlike the twisted version that was being reported on this thread yst

https://www.nairaland.com/3434272/ondodecides-eyitayo-vs-jimoh-appeal

I can now understand why Mimiko is in panic mode and even rushing to Aso Rock yst. Him and Jegede are seriously on long thing cos this case is not as easy as they painted it. I think Jimoh has the upper hand.. .

One, they are still seeking leave to appeal the judgment of Justice Okon Abang meaning that they have not appealed the judgement yet. Secondly, the 90 days allowed to appeal the judgment of Justice Okon Abang has elapsed and they now asking for extension which is at discretion of the court. Finally Mimiko and his faction are not even parties to the said suit; they asking to be joined as interested parties.

So, when will they finish all these preliminary issues and go to the main issue which is appealing the judgment of Justice Okon Abang? Won't the election be concluded by then? Will they even have the time to campaign or will they be campaigning in the court's?

Chai.. .. . Mimiko will ever regret the day FAYOSE and WIKE brought Sheriff to PDP. This is the end product of impunity. A judgment was given on the 29th of June and you waited until now to appeal the said judgment. Nemesis is at work.

SamuelAnyawu:
Sheriff ...


What I'm seeing here is far different from what TonyeBarcanista was posting here yesterday...


Sheriff has killed PDP

ajoskele:
Mimiko, just like he did during the House of Assembly elections, is now everywhere showing that pitiful facial expressions again.

We had the chance to do away with you last year but the people you have impoverished for years had to settle for the peanuts you shared.

Mimiko was not in Aso villa to tell Buhari about Ondo economy last month.
He wasn't in Abuja last week to discuss the state of our roads.
He was nowhere near President Buhari to key into the diversification agenda of the FG.

Did he even meet Buhari? Was the old man not in Daura already for his daughter's wedding?

Even when Enugu was boiling with the herdsmen killings, Ugwuanyi was laughing away at the Villa with Baba.
Wike was also at the Villa, same as Prof. Ayade and we saw all the pictures.

But we didn't see Mimiko with Baba now. I guess Bayo Omoboriowo was on recess!

kcnwaigbo:

The Case will be decided before the election.Even if it dosent and PDP wins, whomever wins at the supreme court will own the mandate

modath:

3 Things that will happen on the 26th of Nov 2016.

1.Jimoh Ibrahim will hoist PDP's flag

2. Akeredolu will put up a valiant fight

3. Oke will take home the prize..

End of story..

SamuelAnyawu:
Sheriff ...


What I'm seeing here is far different from what TonyeBarcanista was posting here yesterday...


Sheriff has killed PDP

kcnwaigbo:

The Case will be decided before the election.Even if it dosent and PDP wins, whomever wins at the supreme court will own the mandate

kahal29:


We meet again. This case get as E be oh.. ..

modath:


Sheriff had zero to do with this, impunity, ego and greed did the party in, Sheriff just assisted in the cremation....



@ Ajoskele
#NoLies #OnPoint. ... Oodua a gbe yin... Kaare awe..





PDP wouldn't have won with Jegede, just drink water on that... It's a 3 horse race but Akeredolu & Oke have pole positions....

We'll review on the 27th, sheath your sword for now.

modath:

3 Things that will happen on the 26th of Nov 2016.

1.Jimoh Ibrahim will hoist PDP's flag

2. Akeredolu will put up a valiant fight

3. Oke will take home the prize..

End of story..

ajoskele:
Mimiko, just like he did during the House of Assembly elections, is now everywhere showing that pitiful facial expressions again.

We had the chance to do away with you last year but the people you have impoverished for years had to settle for the peanuts you shared.

Mimiko was not in Aso villa to tell Buhari about Ondo economy last month.
He wasn't in Abuja last week to discuss the state of our roads.
He was nowhere near President Buhari to key into the diversification agenda of the FG.

Did he even meet Buhari? Was the old man not in Daura already for his daughter's wedding?

Even when Enugu was boiling with the herdsmen killings, Ugwuanyi was laughing away at the Villa with Baba.
Wike was also at the Villa, same as Prof. Ayade and we saw all the pictures.

But we didn't see Mimiko with Baba now. I guess Bayo Omoboriowo was on recess!

kcnwaigbo:

Lol Oke ko Rat ni!!! The AD would not be in the top 2 in that election, forget about Tinubu, he has been proven to be irrelevant in ondo state

kcnwaigbo:

Hahahahaha lol it is now AD and no longer APC chai chai darisss Godoooo

modath:


Of course he is irrelevant & we have forgotten about him , you just wait to be proven right on the 27th nah.. We will all be alive to witness the day..


*sidebar* The pronunciation is not what you think it is, you are confusing it with rat in Ibo.. The tone is like the O in orange & e in egg...

That's why i really don't get annoyed when some of you mispronounce west, cos before some Internet miscreants began the waste nonsense, that's how someone i know who has thick ibo influenced accent has always sounded the word as....

kcnwaigbo:
.Olusegun Mimiko has never lost a political battle!! Not even when he contested in a relatively unknown LP.Under ate him at your own peril

franchizy:
Ondo is PDP and PDP is Ondo. No matter the planks of APC, PMB and Okon Abang, PDP will still wonthe election.

We the entire pipos of ondo state will voted for PDP.

All this illitracys comment here are spoken lubbish.

We cant fit allow APC to stole our mandate comes 26th Novembar.

ajoskele:
Sorry. I do not respond to people outside my state in matters relating to her.

kcnwaigbo:

Lol we shall see call me up if Oke makes it to second position

kcnwaigbo:

People outside of ondo state are aware he has never been defeated in ondo politics.It is public information

ajoskele:
Omo Igbo, Oke is winning the elections, reason Mimiko is negotiating with APC already.

Emi yoo gbe oju mi si ori OKE won ni, nibo ni iranlowo mi yoo ha ti wa!

kcnwaigbo:

Lol mimiko negotiate with APC? Don't tell me you believe telemundo stories

ajoskele:
Of course, he hasn't. I guess your informant didn't tell you he lost woefully during the last presidential elections even as the SW campaign coorrdinator for Jonathan.

ajoskele:
You see why I said I would not discuss Ondo issues with you?
You know nothing about anything here!

kcnwaigbo:

That is the koko if PDP wins, it is the winner of this case at the supreme court that will own the mandate irrespective if whose name was in the ballot, Jefede and Jimoh Ibrahim's supporters can both go ahead and vote for the PDP.The case would be resolved soonest and I don't see Jimoh Ibrahim winning at the supreme court.Remember there were other high court's judgement that affirmed the makarfi led executive

kahal29:


The reasons you adduced above are the very reasons that makes this case very complex that I doubt if they will exhaust every thing before the election. For PDP winning the election it is neither here or there but only time will tell.