Admin l Tuesday, Dec. 18, 2018
IBADAN, Oyo, Nigeria – The Court of Appeal sitting in Ibadan, Oyo State today set aside the Federal High Court judgement which ordered the Independent National Electoral Commission(INEC) to honour the list of candidates submitted by Ogun PDP loyal to Sen. Buruji Kashamu ahead of the 2019 general elections.
The court also ordered that the case be returned to the Chief Judge of Oyo State for reassignment to another judge other than Justice Shittu Abubakar. Justice Abubakar of the Federal High Court sitting in Abeokuta had ordered INEC to honour the PDP list loyal to the Senator which has him as governorship candidate and Dr. Ruben Abatti as his deputy.
The applicants in the appeal are the Peoples Democratic Party (PDP), its National Chairman, Uche Secondus and Secretary, Ibrahim Tsauri, while 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 erred in its decision and consequently set aside the order, saying it was null and void. Tsammani 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.
“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.
Speaking after the judgment, counsel to the Dayo-led executive, Ifeoma Esom, expressed dissatisfaction with the judgment of the court and said her client had directed her to proceed to the Supreme Court.
