PDP national secretary: Judge to hear Oyinlola, others objection June 30
FRANCIS IWUCHUKWU
A Federal High Court sitting in Ikoyi, Lagos presided over by Justice
Chukwujekwu Aneke, has fixed June 30, 2014 to entertain the suit questioning the recognition of Prince Olagunsoye Oyinlola as the National Secretary of the Peoples Democratic Party (PDP).
It would be recalled that the plaintiffs which includes; state chairmen of the party in Ogun, Oyo, Osun and Ondo as well as financial secretaries in Lagos and Ekiti, Chief Adebayo Dayo, Alhaji Olayinka Taiwo, Alhaji Gani Olaoluwa, Chief Ebenezer Alabi, Dr. Tope Aluko and Chief Taiwo Kuye had instituted the action through an amended Originating Summons designated FHC/L/CS/122/14.
The had prayed the judge to issue an order on the
Independent National Electoral Commission (INEC) to recognise Professor Olawale Oladipo as the national secretary of the PDP in the suit which has as respondents: INEC, PDP and Oyinlola.
The Court of Appeal had reinstated Oyinlola on November 6, 2014. But not happy with the decision, the respondents/appellants proceeded to the Supreme Court to challenge the ruling.
While the ruling subsists, the PDP announced the suspension of Oyinlola, prompting him to file another action at the Federal High Court, Abuja, challenging his suspension.
At Wednesday's proceeding on the matter, lawyer to INEC,
Vilba Kintai raised a preliminary objection, praying the judge to throw out the suit for lack of jurisdiction. The electoral body stated that it does not recognise Oladipo as the national secretary of the PDP on the reason that the leadership of the party had not produced any court order to that effect as advised.
According to the lawyer, "This court does not have the jurisdiction to entertain this matter. It should be struck out." INEC maintained that the issue brought by the plaintiff was an intra-party dispute, which according to it the court is bereft of jurisdiction over.
Kintai also argued that the suit brought against the commission had no cause of action and asked the court to either dismiss same, strike it out, or strike its name off as a respondent.
Even, Oyinlola's lawyer,
Gbeyoga Oyewole filed a preliminary objection and counter affidavit seeking the dismissal of the suit. The lawyer also
maintained that the suit is subjudice because according to him, a sister case that borders on the res is existing in a court in Abuja. Oyewole said, "The matter cannot be entertained by your lordship in order to avoid conflicting decisions."
Oyinlola's lawyer also posited that the man who the plaintiffs are seeking to be pronounced the national secretary of the PDP is not even a party to the present suit, adding that, "How can you cry more than the bereaved? Can you shave a man’s hair in his absence?"
However, counsel to the plaintiff, Ifeoma Esom prayed the court to dismiss the preliminary objections raised by the defendants.
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