…I’m still the preferred candidate, says Kashamu
The Court of Appeal in Ibadan on Tuesday set aside a court order which directed Independent National Electoral Commission (INEC) to recognise the list of candidates submitted for the 2019 general elections by a faction of Ogun Peoples Democratic Party (PDP) loyal to Senator Buruji Kashamu.
Justice Shittu Abubakar of the Federal High Court Abeokuta had on Oct. 2 ordered INEC to recognise the list of candidates submitted by the Chief Bayo Dayo executives loyal to Kashamu.
The applicants in the appeal are the Peoples Democratic Party (PDP), its National Chairman, Uche Secondus and Secretary, Ibrahim Tsauri.
The respondents are Dayo-led Ogun PDP executives loyal to Kashamu and INEC.
The three-man appeal panel led by Justice Haruna Tsammani unanimously agreed that the lower court was wrong in its decision and consequently set aside the order, saying it was null and void.
Tsammani, however, said the applicants were not properly served the originating summons at the lower court which would notify them that there existed a case before the judge assumed jurisdiction.
The judge said service of the originating summons was fundamental and a precondition which would affect and determine the validity of the court ’s proceedings.
“ Non-service of the originating summons on the applicants at the lower court rendered all the order given at the lower court against the applicants a nullity and this is an indication that the applicants were not given a fair hearing.
“In the interest of justice, the order of the lower court is set aside, null and void and an academic exercise,’’ the judge said.
Tsammani ordered that the case be returned to the Chief Judge for reassignment to another judge other than Justice Abubakar.
Speaking to newsmen after the judgment, the counsel to the Dayo-led executive, Ifeoma Esom, expressed dissatisfaction with the judgment of the court.
She said her client had directed her to proceed to the Supreme Court.
But counsel to the PDP, Emeka Etioba (SAN), said he was satisfied with the judgment and commended the judges.
The PDP had earlier submitted the list of candidates which had Oladipupo Adebutu as the governorship candidate of the party in Ogun to INEC before the Oct. 2 order of the lower court recognising Kahamu’s list. (NAN)
Meanwhile, Senator Buruji Kashamu said he remained the governorship candidate of the PDP in Ogun state and that a ruling by the Appeal Court in Ibadan yesterday did not affect his status.
He said the interpretation being peddled around that Oladipo Adebutu has been reinstated as the candidate is ‘fake news’.
The Appeal Court in Ibadan today set aside a court order which directed INEC to recognise the list of candidates submitted for the 2019 general elections by a faction of Ogun PDP loyal to Sen. Buruji Kashamu.
Here is Kashamu’s interpretation of the judgment, according to a statement by Austin Oniyokor
“We have received the news of the judgment of the Court of Appeal sitting in Ibadan, the Oyo State capital that set aside the orders of the Federal High Court, Abeokuta.
”We wish to clarify that contrary to the false news being spread by our opponents, the Court of Appeal did not declare Honourable Oladipupo Adebutu or anyone for that matter as the Governorship candidate of the Peoples Democratic Party (PDP) in Ogun State. That was not the prayers of PDP who are the appellants in the matter and so such a prayer could not have been granted.
”The Court specifically held that it was not a pre-election matter where the nomination of candidates is in issue since the matter was filed by the Engr. Adebayo Dayo-led Ogun State PDP and not aspirants.
”Having held that it was not a pre-election matter, the Court of Appeal could not have made a pronouncement on the validity or otherwise of the nomination of candidates for the 2019 general election.
“What is more, the 25th of October, 2018 letter written by the Independent National Electoral Commission (INEC) emphatically stated that its decision to accept the list of candidates submitted by the Engr. Adebayo Dayo-led Exco was predicated on three court suits, namely FHC/L/CS/636/2016, FHC/L/CS/1556/2017 and FHC/AB/CS/114/2018. It is only the interlocutory orders in FHC/AB/CS/114/2018 that were set aside.
”The full and final judgments in FHC/L/CS/636/2016 and FHC/L/CS/1556/2017 in favour of the Engr. Adebayo Dayo-led Ogun State PDP Exco which are yet to be set aside and do not have any subsisting appeals against them still remain.
”It should also be pointed out that based on the judgments in FHC/L/CS/636/2016 and FHC/L/CS/1556/2017 in favour of the Engr. Adebayo Dayo-led Ogun State PDP Exco, INEC had in an earlier letter dated 12th April, 2018, informed the PDP of the commission’s compliance with the two judgments of the Federal High Court.
”The extant judgment of the Court of Appeal in this appeal does not finally determine the matter. That is why it ordered that the case file should be returned to the Chief Judge of the Federal High Court for reassignment of the case to another judge who will hear and determine the originating summons.
”Flowing from the above, we wish to reassure our teeming supporters, party leaders and elders, friends and associates that nothing has changed. The nomination of Senator Buruji Kashamu and all other candidates of the Ogun State PDP based on the valid and subsisting judgments mentioned above has not changed.
“Finally, our lawyers have taken steps to immediately appeal the judgment of the Court of Appeal to the Supreme Court”.
