Abuja - The Court of Appeal, Abuja on Wednesday reserved
judgment “till when it is ready’’ in an appeal filed by Eyitayo Jegede seeking
to be re-listed as candidate of PDP in Nov.26 governorship election in Ondo
Justice Ibrahim Salauwa led two other Justices of the panel
to reserve the judgment after arguments were adopted by counsel to parties.
“Now that counsel to parties have concluded arguments on
this appeal, the judgment is reserved. Parties would be informed when we are
ready”, the judge said.
Jegede had challenged the ruling by Justice Okon Abang
ordering INEC to recognise Jimoh Ibrahim as the PDP candidate for the election.
The appellate court on Nov.10 granted Jegede leave to appeal
the decision of the Federal High Court Abuja.
Earlier, Chief Wole Olanipekun (SAN), counsel to Jegede
prayed the court to set aside the ruling of the lower court, adding that it was
given in bad light.
Olanipekun also said the court should order the
reinstatement of his client as the authentic candidate of the party to contest
According to him, Jegede is the candidate that emerged from
the party’s primary conducted in Akure.
He argued further that Ibrahim’s name was submitted and
immediately recognised by INEC following the ruling of the lower court.
However, Mr Beloulisa Nwafor (SAN), counsel to Biyi Poroye,
Chairman of the Ondo State Chapter of PDP and eight others, told the court that
it lacked jurisdiction to hear the appeal.
Also read: APC giving poisoned bread to Ondo people says Jegede
He had announced to the court that the Nov.10 ruling that
gave leave of the court to Jegede to appeal the nomination of Ibrahim was
appealed against at the Supreme Court.
“Your Lordship, with profound respect, I am here to inform
the panel that we had challenged the ruling of this court that granted leave to
the applicant to leave the decision of the lower court.
“The Supreme Court has acknowledged the pendency of the
appeal and stay application.
“The Supreme Court being a superior court has from this
moment usurped the jurisdiction of this court’’, he said.
Nwafor further argued that the panel ought to hands-off all
the proceedings pending the determination of the appeal.
He submitted that the panel should refrain from further
action on the matter, adding that doing the contrary would amount to the
violation of the constitution, the rules of the court as well as the oath of
He said the court had earlier demonstrated courage to
hands-off on two sister appeals upon notification of pending appeals at the
He also said that appeal was not ripe for hearing, adding
that time allowed for filing of respondent’s brief would expire Wednesday 12
He argued that the limitation to file processes excluded
Saturday and Sunday as enshrined in Section 15 of the Interpretation Act, 2004.
Mr Godswill Mrakpo, counsel to Ali Modu Sheriff said the
appeal was ripe for hearing, adding that his team was not served notice of
“I had come to the court for another business only to be
told that the matter was listed for hearing today.
“This is totally against the right of clients and counsel
who are supposed to be notified two days ahead of a matter.
“It is also important to state that some of the processes
relating to this matter were served me in court this morning’’, he said.
According to him, an adjournment remains the best option to
allow for the filing of responses to the appellant’s reply.
The presiding judge, however, insisted that the extant
appeal earlier argued by counsel to the appellant sufficed.
Sen. Ali Modu Sheriff, Sen. Ahmed Makarfi, Sen. Ben Obi are
all parties in the matter.
The Executive of PDP South West Zone and Ondo State
Executive members of the party were also listed as parties.
The court is also mandated to decide the authentic
leadership of the party.
The Ahmed Makarfi-led Caretaker Committee had also filed an
appeal challenging the decision of the lower court that recognised the party’s
primary conducted by the Sheriff faction.
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