SAN FRANCISCO, November 06, (THEWILL) – The Court of Appeal sitting in Abuja Wednesday invalidated the sack of a former Governor of Osun State, Prince Olagunsoye Oyinlola, as the National Secretary of the ruling Peoples Democratic Party (PDP) thus reinstating him to his position in the party.
In a unanimous judgment delivered by a panel of three justices, the court ruled in favour of the appeal filed by Oyinlola challenging the judgment of a Federal High Court in Abuja which removed him from office as the National Secretary of PDP as it dismissed the case filed at the High Court and upon which the trial judge, Justice Abdul Kafarati, sacked Oyinlola from office.
In the ruling delivered by Justice T.J. Tur, the court held that Oyinlola was not given fair hearing by the trial judge at the High Court.
The appellate court also found as a fact that three separate cases, all seeking the same reliefs were filed against Oyinlola and that the cases amounted to abuse of court process.
The appeal court had invoked its power under section 16 of the Court of Appeal Act and heard the case as if it were the trial court but did not make any consequential order.
Reacting to the ruling, counsel to PDP, Henry Micheal-Ihunde, of Chief Joe Kyari-Gadzama, SAN Chambers, however, said PDP would appeal the decision at the Supreme Court.
A Federal High Court in Abuja had on September 13 ordered the PDP and the Independent National Electoral Commission (INEC) to delete the name of Oyinlola from their records as PDP’s National Secretary.
Justice Abdul-Kafarati, in a ruling, ordered the PDP and INEC to replace Oyinlola with Professor Adewale Oladapo nominated by the South-west PDP extra-ordinary zonal congress held in Ibadan, Oyo State on July 13 .
The judge also extended to July 13 this year, the time limit he had granted in the court’s January 11 judgment, for the conduct of the zonal congress.
He also deemed Oladipo’s nomination by the congress as replacement for Oyinlola “as proper and due compliance with the January 11 judgment.”
The ruling was on a motion on notice filed by Adebayo Dayo (Chairman) and Semiu Sodipo (Secretary) for themselves and the Ogun State chapter of the PDP. Listed as defendants were Oyinlola, PDP and INEC.
The court had on the January 11 judgment, ordered the removal of Oyinlola as National Secretary.
It also ordered a fresh congress by the Southwest PDP for the purpose of nominating a replacement for Oyinlola.
In granting the applicants’ prayers ON Wednesday , Justice Abdul-Kafarati discountenanced arguments by Oyinlola and the PDP that the court was functus officio, having earlier delivered a judgment in the case.
The judge held that the fresh application was neither meant to reopen the case nor to effect changes in the earlier delivered judgment, but to regularise the steps taken in compliance with the judgment.
On Oyinlola’s argument that the court could no longer consider the application because he had appealed the judgment, the judge held that the application would have no effect on the judgment and the appeal filed.
He noted that there was no evidence before the court that the record in respect of Oyinlola’s appeal had been transmitted to the appellate court.
Justice Abdul-Kafarati held that “mere filing of a notice of appeal” did not serve as a ground to stay proceedings.
The judge however refused attempt by applicants’ lawyer, Babs Akinwunmi, to move a motion ex-parte, seeking leave for substituted service of court documents relating to a pending contempt case on Oyinlola, factional Chairman of PDP, Kawu Baraje and a chieftain of the party, Sam Sam Jaja.
Akinwunmi had told the court that the applicants had made unsuccessful attempts to effect personal service of the documents on the three alleged contemnors.
The judge advised the applicants to file fresh affidavit indicating the failed attempts they had made to serve the defendants.
The applicants are praying the court to commit Oyinlola to prison over his alleged continuous claim to being the party’s National Secretary despite the judgment sacking him.
They are equally asking the court to jail Baraje and Jaja for allegedly aiding Oyinlola to flout the court’s judgment.
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