Eyitayo Jegede: gubernatorial candidate of Markafi faction of PDP

It was another setback for Eyitayo Jegede, the gubernatorial candidate of Ahmed Makarfi faction faction of Peoples Democratic Party, PDP for the Ondo State gubernatorial election on Friday.

Justice Ibrahim Salauwa, led Special Panel of Court of Appeal set up to decide who will fly the PDP ticket in the November 26 election between him and Jimoh Ibrahim, the candidate of the Modu Sheriff faction PDP adjourned indefinitely to allow Supreme Court decided on the interlocutory appeals filed by the respondents.

The development was the latest in the saga which began on June 29 when Justice Okon Abang of the Federal High Court upheld Sheriff as the Acting National Chairman of PDP.

The decision, the Sheriff’s faction of  PDP claimed, gave it the right to conduct governorship primary of the party for the Nov.26 Ondo State governorship election.

But the Makarfi faction conducted a primary which produced Jegede and was accepted by the Independent National Electoral Commission, INEC as the authentic candidate of PDP for the Ondo gubernatorial poll.

The Sheriff faction conducted another primary in Ibadan, the capital of Oyo State which produced Jimoh Ibrahim.

The Sheriff faction consequently challenged INEC’s decision to accept Jegede as a candidate of PDP in court.

And in an interlocutory ruling, Justice Abang ordered INEC  to substitute Jegede’s candidacy with that of Ibrahim Jimoh.

Dissatisfied with the decision of the lower court, Makarfi, Eyitayo and another PDP chieftain, Ben Obi, approached the appellate court for reversal.

The appellate court on Nov.11 granted Sen. Ahmed Makarfi, Sen. Ben Obi and Eyitayo Jegede leave to appeal Justice Abang’s decision.

Jimoh Ibrahim:

While arguing the case of the Makarfi faction of PDP on Thursday, Chief Wole Olanipekun (SAN) submitted that the trial court erred in the two decisions.

Olanipekun said that Jegede emerged as candidate of the party to contest the Ondo governorship election from well conducted primary recognized by the National Working Committee of the Party.

“The National Executive Committee of the party as well as the National leadership headed by Caretaker Committee supervised the primary in Akure.

“Who should be the authentic candidate of the party, Ibrahim Jimoh that was a product of a gathering in Ibadan?’’

“The selection of candidates for elections is solely the right of the political parties and not to be done by the court.

“The court also lacks the jurisdiction to appoint leaders for political parties,’’ he said

Olanipekun urged the court to set aside the decision of the lower court and uphold his client, Jegede as the candidate of the party for the Ondo election.

However, Mr Beloulisa Nwafor (SAN), counsel to Mr Biyi Poroye Ondo state chairman of Sheriff’s faction of PDP and nine others, prayed the court to dismiss the appeal, adding that it was not ripe for hearing.

Nwafor said the court also lacked jurisdiction to entertain the appeal.

Poroye and the nine others had approached the Supreme Court to challenge the leave given to the appellants to appeal the decision of the lower court.

“Your Lordships, I urge you to wait until our appeal is determined before any proceedings can take place.

“Alternatively, if the court will not be stopped by the pendency of our appeal at the Supreme Court, then the court should review the objections we raised against this appeal,’’ Nwafor said.

He argued that the appellants filed two different appeals with contradictory pleadings and described that action as abuse of court process.

“It is trite in law that when two processes are filed in a matter with similar characteristics, the later should be dismissed.

“The appellants have in this case relied on the process filed on Nov.16 which contradicts the one they filed on Nov.15.

“The implication of this is that there is no appeal before this court and therefore we urge the court to dismiss this appeal forthwith,’’ he said.

On his part, Mr Raphael Oluyede, counsel to the PDP said he was unable to turn in his counter affidavit but prayed to align with Nwafor’s submissions.

The Justice Ibrahim Salauwa special panel upheld the submission of Ibrahim’s lawyer, as they adjourned sine die (indefinitely) to allow the Supreme Court decide interlocutory appeals filed by the respondents.

The Panel also noted that the the respondents had filed an application before the Supreme Court on Thursday, asking for an order of the apex court to disband the Saulawa panel and a prayer to take disciplinary action against it for going ahead to hear the appeal in against established judicial principle.