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Kashamu, Adebutu Disagree as Appeal Court Sets Aside Lower Court’s Order

Published

5 years ago

December 19, 2018

Eric

The Court of Appeal in Ibadan, Oyo State, on Tuesday declined to pronounce either Senator Buruji Kashamu or a member of the House of Representatives, Oladipo Adebutu, as the governorship candidate of the Peoples Democratic Party in Ogun State.

But the court set aside the order granted by a Federal High Court in Abeokuta, directing the Independent National Electoral Commission to accept and process the list of Ogun State PDP candidates submitted to it by the Chief Adebayo Dayo-led faction of the party for the 2019 general elections.

The Court of Appeal panel resolved the four issues raised for determination in the appeal in favour of the PDP.

The PDP had dragged the Adebayo Dayo-led faction of the party in Ogun State to the appellate court to challenge the lower court’s judgment which ordered INEC to accept the group’s candidates

The PDP prayed the court to set aside the judgment on the grounds that it was not properly served before judgment was delivered and that the lower court judge was wrong in its judgment.

The Adebayo Dayo-led faction had produced Kashamu as the governorship candidate, while the rival group headed by Sikirulai Ogundele insisted that Adebutu was the candidate of the party.

In a unanimous decision, by the three-member appeal panel headed by Justice J. A. Bada, the court held that the order and all decisions arising from the October 2 ruling by Justice Abubakar Shittu of the Federal High Court, Abeokuta, were a nullity because the PDP and other defendants were not served the court processes culminating in the orders.

Justice H. S. Tsamani, in a lead judgment, said service was a fundamental requirement in any adjudication, stressing that proceedings and order made on a matter where the defendants were not served would remain a nullity.

Emeka Etiaba SAN, who is counsel for the PDP in the appeal, had argued at the hearing of the appeal on Monday that there was no service of processes originating from the decision of the lower court on the appellants whom he said were not given a fair hearing.

But respondents’ counsel, Dr Alex Izinyon, SAN, argued that service was effected and filed an affidavit of service sworn to by a bailiff as part of the proof of service.

The bailiff, Bayo Seinde, had sworn that he dumped the processes in the legal unit of the PDP in Wadata, Abuja, where he said he met some lawyers who, rather than accept the documents, said there was a general strike and refused to accept same.

But Justice Tsamani held that the claim by the bailiff in the affidavit showed clearly that the appellants were not served and agreed with the appellants that they were denied the right to be heard in the matter.

He said, “From the above analysis, I have no doubt that the process was not properly served. It is settled in law that where there is no service or proper service, the claimed service is a nullity and any decision based on that is a nullity. This puts the appellants in a situation where their fundamental human right for fair hearing is breached.”

Consequently, he declared the lower court’s decision a nullity. Both Justices Bada and N. Okoronkwo agreed with Justice H. S. Tsamani who read the lead judgment.

While the panel resolved all issues raised for determination in favour of the appellants, it ordered that the substantive matter be withdrawn from Justice Abubakar Shittu and re-assigned to another Judge by the Chief Judge of the Federal High Court.

Counsel for both claimants to the governorship ticket of the PDP in Ogun State differed in their interpretation of Tuesday’s judgment.

A representative of appellants’ counsel, Matthias Ikyzu, said Kashamu had ceased to be the governorship candidate of the PDP in Ogun.

He said Adebutu, whose name the PDP National Working Committee had earlier submitted to INEC before the order, would be restored by INEC.

But a representative of the respondents’ counsel, Mrs Ifeoma Esom, said Kashamu remained the PDP governorship candidate in the state, arguing that the decision of the Appeal Court did not affect Kashamu’s candidacy.

Adebutu in a statement by his media aide, Dayo Rufai, said there was no victor and no vanquished .

“Today’s judgment at the appeal court is a total victory for all PDP members in the state regardless of groups which existed within the party,” the statement read in part.

But Kashamu, who noted Adebutu had not been declared the PDP governorship candidate in the state, said he would head for the Supreme Court.

Kashamu in a statement by his media aide, Austin Oniyokor, said the PDP did not pray for the declaration of Adebutu as its governorship candidate.

The Punch

Headline

Breaking: Wike Plans to Attend Thursday’s PDP NEC Meeting

Published

2 days ago

April 17, 2024

Eric

By Eric Elezuo

The immediate past Governor of Rivers State, and Minister of the Federal Capital Territory (FCT), Mr Nyesom Wike, may have concluded plans to attend the much advertised National Executive Council (NEC) meeting of the main opposition party, the Peoples Democratic Party (PDP), billed to hold on Thursday, in Abuja.

Impeccable source, who is in the know, told The Boss that the minister, whose membership of the PDP is yet to be revoked even as he frolicks with the ruling All Progressives Congress (APC), and serving in the President Bola Tinubu government as a minister.

The Source told The Boss that Wike’s impending presence at the NECeeting on Thursday is not unconnected with plans, already hatched with some governors, to weaken the opposition PDP.

“Yes, we have on good authority that FCT minister, Wike is planning to attend the NEC meeting tomorrow all in a bid to weaken the fabrics of the PDP, and pave the way for the continuation of the Tinubu administration come 2027, and by extension, relapse Nigeria to a full blown one party state.

“From every indication, Wike and his co-travellers, are bent on unleashing the same crisis ravaging the third force, Labour Party, and Senator Rabiu Kwankwaso’s Nigerian National People’s Party (NNPP) on the PDP for the APC to remain the only political party in the country, and ensure that Tinubu has no challenger, come 2027,” the Source said.

It would be recalled that Wike has boasted over and again that there’s no opposition against Tinubu’s re-emergence in 2027, and that they have made sure of that. He has been compensated with the Ministerial job after he withdrew support for his party, and supported the APC and Tinubu to emerge as national government.

The Source further revealed that in the attempt to actualize the intended one party state, a lot of funding is ongoing to ensure that concerned stakeholders are ‘settled’ handsomely.

Wike, prior, during and after the 2023 general elections, has been floating in between the two major political parties; the APC and the PDP. While he claim to still be a member of the PDP, he is functioning as a minister in an APC government, mocking the inability of his party to discipline him.

Political stakeholders have concluded that the outcome of Thursday’s PDP NEC meeting will determine the path Nigeria’s political trajectory will take, and that it may portend the end of multi-party system and political democracy if Wike succeeds in his plan.

Headline

Bribery, Corruption: APC Suspends National Chairman, Ganduje

Published

4 days ago

April 15, 2024

Eric

The All Progressives Congress ward in Ganduje, Dawakin Tofa Local Government Area, has suspended the party’s National Chairman, Dr. Abdullahi Ganduje.

The party ward legal adviser, Halliru Gwanzo, announced the suspension while addressing newsmen in Kano State on Monday.

Gwanzo cited allegations of bribery against Ganduje levelled by the Kano State Government as the reason for the suspension.

“We decided to suspend Dr. Abdullahi Ganduje from the party due to the seriousness of the allegations against him,” Gwanzo said.

Meanwhile, efforts to contact the Chief Press Secretary to the APC National Chairman, Mr Edwin Olufo, failed as his mobile phone was unreachable.

Headline

Akpabio Commits to Collaboration with Tinubu, Governor Umo Eno

Published

1 week ago

April 12, 2024

Admin

The President of the Senate, Godswill Akpabio, has stated his commitment to working closely with Nigeria’s President, Asiwaju Bola Ahmed Tinubu, and Governor Umo Eno to ensure the delivery of democratic benefits to the people of Akwa Ibom State.

Akpabio stated this in his country home, Ukana, Essien Udim Local Government Area of Akwa Ibom, while briefing his constituents on the journey so far as their representative in the red chamber.

He assured the people of Akwa Ibom North West Senatorial District of his commitment to their welfare in appreciation of their total support for him, President Bola Tinubu and the ruling All Progressives Congress (APC) in last year’s election.

The Highpoint of the constituency briefing was the distribution of over 10,000 bags of rice and other essentials for his constituents from the wards, to the local governments.

A statement by his Special Assistant on Media, Jackson Udom, quoted Akpabio as saying, “I am here once again, to thank you for standing by me, our President and the party, before, during and even after last year’s elections. I have come to say thank you and also bring Renewed Hope to you all.

“As the President is doing his own, the Senate President is also doing his bit and being complemented by the state governor, Akwa Ibom would be the better for it. We have finished elections and politics, we are now into governance. The governor of the state must touch you, because he is the governor of all the people in the state irrespective of political affiliation.

” As I am touching you now from the political angle, I will also touch the state without any political party affiliation. Most of the projects we are putting in place would be used by people resident in the state. Relax, things are getting better.”

The former Governor of the state, assured his constituents that his current position as the Senate President would be used for the development of the state in collaboration with the President and the Akwa Ibom State Governor.

Hear him: This Senate President is not the one that would be fighting the state government. I will collaborate with , I will collaborate with , to make the state better for us all. We cannot be out of government for a long time. You have to go to a government that carries you along”

Akpabio promised to work for his constituents and Nigeria with all his strength, noting that, “as the President of the Senate, I am for the Southern region and the entire country. I may not come here regularly to tell you what I have been doing for you, but you will be feeling the impact on way or the other. Our unemployed youths would be gainfully employed. I will construct a mini stadium in all the local governments in the district, for our youths to develop their sporting potentials. ”