Adejoke Monsurat
The Peoples Democratic Party (PDP) has filed an application before a Federal High Court sitting in Abeokuta, seeking to set aside the orders of the court which directed the Independent National Electoral Commission (INEC) to accept or process only list of candidates authenticated by Bayo Dayo-led factional exco of Ogun State PDP for 2019 elections.
In a suit marked FHC/AB/CS/114/2018, the court also ordered Uche Secondus-led PDP to accept as authentic, delegates from Dayo-led PDP, for the party’s National Convention where a presidential candidate for 2019 elections will emerge.
The suit was filed by Dayo and nine others against INEC, and joined PDP, Secondus and the National Secretary of PDP, Senator Ibrahim Tsauri.
Dayo-led faction has the backing of the Senator representing Ogun East, Buruji Kashamu.
In his ruling on Tuesday, Justice Abubakar Shittu granted four out the six reliefs sought by the plaintiffs.
However, the defendants are asking the court to set aside those orders granted, citing lack of service on defendants and lack of fair hearing.
The PDP Counsel, Emeka Etiaba, SAN, filed the application on 10 grounds, saying the orders are “a nullity, having been obtained by false representation, concealment of facts and fraud.”
The application dated October 3, 2018 has a 17-point Affidavit of Urgency deposed to by Chimezie Ogugbara, a lawyer at the chamber of PDP counsel, and a 5-point written address.
The applicants want the court to grant four reliefs, basically order setting aside the purported services of all the processes in the on the Defendants/Applicants.
“An order setting aside the orders made by the Honourable Court in this against the Defendants/Applicants as same were made without jurisdiction.
“An order directing the plaintiffs in this suit to serve the Defendants/Applicants all the relevant processes in this suit accordance with the law.
“And any other order or further orders as the Honourable Court may deemed fit to make in the circumstances.”
The seventh ground of the application reads: “The decision to file the application, subject matter of the orders sought to be set aside at this late hour and the decision not to serve the Defendants/ Applicants the processes were taken and executed in bad faith as they were made to deprive the 2nd Defendant/Applicant the opportunity to field a candidate at the presidential election of 2019.”
No date has been fixed for hearing of the application.
But court has fixed the hearing of the substantive suit to November 7, 2018.
No cause for alarm
However, the Sikirullahi Ogundele-led faction of PDP says no cause for alarm over the ruling of the Federal High Court, saying all hands are on the deck to reverse “the ugly and most unmeritorious orders.”
A statement issued in Abeokuta by the Publicity Secretary of PDP exco which is backed by the national leadership, Malik Ibitoye called on party members to be calm and go on about their normal primaries and political campaigns.
It reads partly, “We wish to assure our teeming members that there is no cause for alarm, as all hands are on deck to reverse these ugly and most unmeritorious orders.
“Our Legal Team and the PDP team of Senior Advocates have been meeting since and have resolved to take appropriate legal steps to immediately reverse the procured orders.
“Our members should go about their normal primaries and political campaign activities, as steps are on to redress these injustice and ugly developments, in a matter of days.
“These fraud, forgeries, non-service and abuse of court process cannot stand the test of time.”