Thursday 10 November 2016

Ondo: Court grants Jegede leave to appeal subsitution of his name by INEC

Ondo: Court grants Jegede leave to appeal subsitution of his name by INEC


Justice Salauwa of the Court of Appeal on Thursday granted Eyitayo Jegede of the Peoples Democratic Party, PDP, leave to appeal against Justice Okon Abang's ruling ordering substitution of his name by Independent National Electoral Commission, INEC.
Recall that INEC substituted the name of Eyitayo Jegede with that of Jimoh Ibrahim as the candidate of the PDP for the Ondo governorship election billed for November 26.
At the last sitting on Monday, the Appeal Court Panel specially constituted to hear and give rulings on the Ondo PDP gubernatorial candidature reserved its ruling till today .
The sitting began with an application by Ben Nwofor, counsel to the self-acclaimed Chairman of the PDP in Ondo State, Biyi Poroye, challenging the jurisdiction of the special panel and asking for its immediate disbandment.
On the motion by Eyitayo Jegede SAN seeking leave to appeal Justice Okon Abang's ruling of October 14 which ordered the substitution of his name by INEC as PDP candidate for this month's election, Biyi Poroye's lawyer, Ben Nwofor SAN said the appeal was belated and did not identify suit title and parties for which the ruling was delivered.
But Olanipekun SAN, who led two other SANs, Ife Adedipe and Dayo Akinlaja and 18 other lawyers to appear for Jegede, in his arguments said the Appeal court President's action is an administrative decision adding that the special panel cannot give credit to Poroye's application let alone treat it.
He added that based on section 318 of the 1999 constitution, the decision of the Appeal Court President to set up the panel can't be appealed against or set aside.
Olanipekun further said that the appeal was filed within time and prayed the court to allow Jegede appeal Justice Abang's judgment in view of it's urgency which affects his interest and Fundamental Human Rights.
Other applications heard by the special panel include Ahmed Markarfi versus Biyi Poroye, PDP versus Biyi Poroye, and Clement Faboyede versus Biyi Poroye.

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