The appeal court sitting in Akure, Ondo State, on Friday held that the interim order barring the Peoples Democratic Party (PDP) and the Independent National Electoral Commission (INEC) from recognizing Senator Ademola Adeleke as the governorship candidate of the party in Osun State has expired.
An Osun State High Court presided over by Justice Adeyinka Aderibigbe, had granted the interim order which the appellate court declared that it expired after seven days.
A statement by Mallam Olawale Rasheed, the Director, Media and Strategy, Ademola Adeleke Campaign Organisation, and made available to Saturday Sun, said the court of appeal on Friday confirmed the expiration of the interim order.
According to the statement, the Appeal Court sitting on the application ex-parte for substituted service and for discharge of interim orders of Justice Aderibigbe, directed that the prayer for discharge of the interim orders be withdrawn having expired automatically as there was nothing to discharge.
“The court however granted the prayer for substituted service of the appeal processes on the respondents, Dotun Babayemi, through publication in the Punch Newspaper.
“The hearing of the appeal has been fixed for 31st March, 2022. In the Appeal brought by the Appellants’ Counsel Hashim Abioye Esq, leading Dr. Kehinde Kolawole Esq., the appellate court observed that there is no need to apply for the vacation of an interim order as it automatically lapses at the end of seven days unless renewed.
“The Court holds that there is nothing to vacate as the said order issued by Justice Aderibigbe had ceased to exist after seven days especially as it was not renewed.
“The Court remarked that any lawyer who insisted an interim order has indefinite life span should be reported to the Legal Practitioners Disciplinary Committee.
“The proceeding at the Appeal Court further confirmed that neither the PDP nor the electoral commission is barred from recognising and processing Ademola Adeleke as the governorship candidate of PDP in Osun state.”
He said, by this, Adeleke remains the governorship candidate of the PDP and commended the justices of the appeal court for their pronouncement on the interim order.
