In a ruling on Friday, a 3-man special Panel of the appellate courtroom led by using Justice Ibrahim Salauwa, announced their selection to hands-off dispute over who ought to be the flag-bearer of the PDP within the Ondo state governorship election billed for November 26. The panel, which had in advance reserved its judgment on an enchantment lodged before the appellate court docket by means of one of the contenders for the PDP price ticket, Mr. Eyitayo Jegede, SAN, primarily based its decision on a motion from the supreme court. “simplest the day gone by, at about 7pm, we had been served a movement in fit No CA/A/551b/2016, which changed into filed in the supreme court on November 17”, Justice Saulawa stated. He stated the motion which changed into filed by using six chieftains of the PDP in South West, led by Chairman of the birthday party in Ondo nation, Prince Biyi Poroye, among different matters, prayed the apex court to invoke its disciplinary powers against the appellate court panel. The Poroye led institution, who are Respondents in Jegede’s attraction, similarly prayed the apex court to not simplest set apart proceedings of the appellate courtroom, however to also restrain the special panel from further adjudicating at the dispute. besides, the Respondents, who're appellants before the excellent courtroom, similarly carried out for an order disqualifying/recusing all participants of the unique panel on the ground that they betrayed there Oath of workplace via their refusal to be sure through laid down judicial precept of staris-decisis. Poroye and the alternative Respondents contended that the panel had in a ruling it introduced on November 16, okayed Jegede’s attraction, despite being conscious that the very best courtroom was already seized of the information in dispute. they had through their legal professional, Mr. Beluolisa Nwufor, SAN, vehemently hostile decision of the panel to pay attention Jegede’s appeal. Nwufor, SAN, insisted that hearing the appeal would quantity to the panel undertaking an act of “judicial rascality” for the reason that depend became already before the apex court docket. He argued that in line with the felony principle of lis-pendis, the appellate court need to palms-off the case to avoid a scenario wherein it would behavior a parallel intending with the superb court docket on the same concern rely. “In view of the unchallenged data brought to the notice of this courtroom that an attraction towards the ruling granting leave to the appellant to enchantment the high court judgment, which this court made on November 10, is already before the ideal court docket and has been entered. “it's miles therefore our function that this court has misplaced its jurisdiction to keep with this depend. by order five Rule 11 of the best courtroom rules 1985, as amended, the preferrred courtroom is now seized of the whole of this proceeding as between the parties herein. “it is also an undisputed fact that a movement on notice for staying of all in addition lawsuits and further hearing on this enchantment is pending at the perfect courtroom and has been attracted to the awareness of this court docket. “We for this reason keep that this panel cannot entertain further court cases until that motion is determined by way of the apex courtroom, one way or the opposite. “intending to pay attention this appeal will amount to an attempt in futility. it's going to quantity to judicial rascality and judicial impertinence. “I publish that this court docket have to no longer behavior parallel intending with the best courtroom regarding the identical case, however need to permit the apex court docket, in keeping with the dictates of the hierarchy of courts mounted by using the constitution, which places the excellent courtroom above this courtroom, to take a choice regarding the pending movement for stay of complaints already earlier than it. “i beg you to comply with your own earlier rulings in CA/A/402/2016 and CA/A/402a/ 2016, brought on September 8, regarding this identical Ondo PDP crisis”, Nwufor submitted. however, the panel, rejected his submission, even as it gave Jegede’s lead counsel, leader Wole Olanipekun, SAN, the nod to undertake his techniques within the attraction. Olanipekun had entreated the court to disregard Nwufor’s submissions which he stated lacked benefit and substance. He maintained that the appellate court docket had a constitutional duty to do justice in the case, saying the court docket might be abdicating its responsibilities must it allow itself to be stampeded into handing-off the problem. in the meantime, pronouncing the withdrawal of the panel from the problem on Friday, Justice Salauwa, said they took into account, “all of the circumstances surrounding the case”, as well as “mischievous processes” filed with the aid of the Respondents. He cited that a preceding panel of the courtroom equally disqualified itself from handling the problem following allegation by using the identical Respondents that it amassed N350million bribe to supply judgment in Jegede’s favour. “This panel changed into put in place as a rescue project after the preceding panel headed by means of Justice Jumai Hannatu-Sankey, revised themselves following mischievous allegations by way of the Respondents. “we have come this some distance and having had some of considerations and instances surrounding politically motivated allegation in opposition to us. “we've determined that sufficient is enough. it is now time for us to do what is most affordable and needful, this is, to look ahead to the outcome of the excellent court docket on all the issues. “For us to maintain, particularly in view of the unfortunate improvement could be contrary to the voice of awareness and voice of braveness. “it is our view that we ought to watch for the final results of the choice of the ultimate court docket. “We were guided through the very best court choice in Agumagu vs NJC to reach at the choice. it is left for the apex courtroom to determine whether or now not we are proper or otherwise. “We hereby rule that the on the spot enchantment and different sister appeals slated today for ruling, stand adjourned sine-die to anticipate final results of selection of the ideal court docket”, Justice Salauwa said. more so, leading edge learnt that the Respondents have additionally lodged a petition against contributors of the panel earlier than the countrywide Judicial Council, NJC. apart Justice Saulawa, different contributors of the panel are Justices Igwe Aguba and George Mbaba. Jegede had approached the appellate courtroom to project the judgment of June 29 judgment of Justice Okon Abang of the Federal excessive court in Abuja, which directed the impartial national Electoral commission to handiest relate with the Ali Modu-Sheriff faction of the PDP. Justice Abang, on October 14, also re-affirmed the verdict, even as he warned the electoral body against accepting candidate nominated by way of the Senator Ahmed Markafi-led national Caretaker Committee of the PDP. appearing on the electricity of the excessive court docket order, INEC, right away eliminated Jegede’s name from the listing of candidates for the Ondo gubernatorial poll, and changed it with Mr. Jimoh Ibrahim. it will likely be recalled that while Jegede emerged from primary election that became sanctioned by using the Markarfi-led NWC of the PDP, Ibrahim then again, secured his ticket from the Modu-Sheriff faction of the birthday party.
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