The Court of Appeal, sitting in Abuja, on Wednesday reinstated former Osun State Governor, Prince Olagunsoye Oyinlola, as the National Secretary of the Peoples Democratic Party, reports Premium Times at premiumtimesng.com.
Mr. Oyinlola is the National Secretary of the Kawu Baraje faction of the party, also known as the “New PDP.”
While setting aside the January 11 judgement of the Federal High Court, Abuja, which removed Mr. Oyinlola from office, the Court of Appeal, in the judgement read by Justice J.T. Toh, held that the lower court acted in error by granting the declarative reliefs sought by the plaintiffs since the former national secretary was not a party to the suit that nullified the South West congress that produced him (Oyinlola).
It also said that Mr. Oyinlola’s right to fair hearing was infringed upon and therefore invoked Section 15 of the Court of Appeal Act in giving the judgement.
The Federal High Court presided over by Justice Abdul Kafarati, had on January 11 sacked Mr. Oyinlola from office on the ground that the South-West congress of the party, which produced him as a nominee, was in violation of two separate orders of a Lagos Federal High Court, which nullified the congress.
Mr. Kafarati had said the former governor was not worthy to be recognized as National Secretary of the PDP having violated the two orders and should therefore vacate the office.
The judgement followed a suit filed by the Chairman of the Ogun State chapter of the PDP, which complained that Mr. Oyinlola’s nomination to stand for the election at the March 12 National Convention of the ruling party was wrong.
The plaintiffs also alleged that the former governor was imposed on the South West chapter of the party by former President Olusegun Obasanjo, who himself hails from Ogun State.
Both the ruling party and the Independent National Electoral Commission were joined as defendants in the suit.
Following the January judgement, the former governor lodged an appeal at the Court of Appeal Court.
The suit prevented the position of the National Secretary from being contested for at the August 31 Special National Convention of the party.
Incidentally, it was the same day that Mr. Oyinlola joined seven governors elected on the platform of the party, former Vice President Atiku Abubakar, and others to float the “New PDP” led by a former acting National Chairman of the ruling party, Kawu Baraje.
After Mr. Oyinlola was sacked by the Federal High Court, his deputy, Solomon Onwe, acted in that position until June when an acting National Secretary, Remi Akitoye, was appointed.
While Mr. Akitoye was in office, the South West chapter of the PDP nominated Wale Oladipo to replace Mr. Oyinlola as the substantive national secretary.
Although, the nomination was challenged in court, Mr. Oladipo, a professor from Osun State as Mr. Oyinlola, was eventually inaugurated about two months ago.
Reacting to Wednesday’s judgement, counsel to the respondents, Ajibola Oluyede, said his client would challenge it at the Supreme Court because, according to him, it was totally at variance with the evidence before the court.
Mr. Oluyede further stated that what the Appeal Court gave judgement on was not before it and that it was not right in law for a court to enter a judgement on an issue that was not before it.
Premium Times.
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