Ogun 2019: Adebutu Suffers Another Setback as Appeal Court Adjourns Suit, Strikes out Application for time Extension

The Court of Appeal sitting in Ibadan on Monday adjourned the suit filed by the pro- Oladipupo Adebutu national leadership of the Peoples Democratic Party (PDP) against the Engr. Adebayo Dayo-led Ogun State PDP structure till November 20, 2018 after striking out the motion for extension of time within which to appeal which he filed on the grounds of mixed law and facts.

The court struck out the application for time extension based on the objection of the lead counsel to the Engr. Adebayo Dayo-led Ogun State PDP Executives, Dr. Alex Izinyon (SAN), who argued that the ruling sought to be appealed against was not attached to the Motion on Notice.

It would be recalled that a Federal High Court sitting in Abeokuta, the Ogun State capital had weeks back ordered the Independent National Electoral Commission (INEC) and the Uche Secondus-led National leadership of the Peoples Democratic Party (PDP) to accept and process the list of candidates and delegates submitted to them by the Engr. Adebayo Dayo-led Ogun State Executive Committee of the PDP for the purpose of the 2019 general election.

The court had given the order while ruling on a motion for interlocutory injunction after listening to arguments canvassed by the counsel to the Ogun State PDP Executive, Mr. Ricky Tarfa (SAN), who noted that the court had on September 28, 2018 ordered that the defendants should be put on notice and adjourned till October 2, 2018, for definite hearing of the motion for interlocutory injunction.

The Federal High Court sitting in Abeokuta, the Ogun State capital had penultimate week reiterated its order directing the Peoples Democratic Party (PDP) and the Independent National Electoral Commission (INEC) to accept and process only the list of delegates and candidates submitted by the Engr. Adebayo Dayo-led Ogun State Executive Committee of the Peoples Democratic Party (PDP) in respect of the 2018 National Convention of the party and the 2019 general election.

The Dayo-led Exco is backed by the lawmaker representing Ogun East Senatorial District, Senator Buruji Kashamu.

The court gave the order while ruling on an application seeking to set aside the orders made by the court on October 2, 2018 compelling all the defendants, including INEC and PDP to accept and recognise the Adebayo Dayo- led Exco of the PDP.

The court in its judgment had dismissed the application seeking to set aside the order of October 2, 2018 and proceeded to reaffirm the orders.

The court further stated that it did not give any order stopping the National Convention of the PDP but only directed the party to accord recognition to the list of delegates attached as Schedule A to the motion for interlocutory injunction. 

The present suit before the court of Appeal is to overturn the order of the Federal High Court mandating the Peoples Democratic Party (PDP) and the Independent National Electoral Commission (INEC) to accept and process only the list of delegates and candidates submitted by the Engr. Adebayo Dayo-led Ogun State Executive Committee of the Peoples Democratic Party (PDP) in respect of the 2018 National Convention of the party and the 2019 general election.

Based on PDP's appeal to the Court of Appeal sitting in Ibadan, the Federal High Court, Abeokuta granted a stay of the proceedings before it and adjourned the matter till December 13, 2018, pending the outcome of the appeal against its interlocutory orders/injunctions.