The Court of Appeal, Ibadan Division, on Monday adjourned to November 20, argument of applications in the appeal filed by the Peoples Democratic Party (PDP) against the order obtained by the Buruji Kashamu-led faction.
The party appealed against the order, which directed the Independent National Electoral Commission (INEC) to recognise the list of candidates for the elections presented by the Kashamu faction as represented by the Adebayo Dayo led state executive.
The order was obtained at a Federal High Court, Abeokuta, Ogun State, thereby jeopardising the governorship candidature of Oladipupo Adebutu, and others who were on the list that the PDP had earlier submitted to INEC for the election.
The appellate court adjourned hearing of the applications after respondents’ lead counsel, Alex Iziyon, pointed out non-inclusion of the order, which formed the basis of the appeal.
He also pointed out omissions in the applications filed by appellant’s lead counsel, Emeka Etiaba. The latter explained that his junior, who compiled and filed the processes, made the mistakes inadvertently.
J.O Bada, presiding judge, Haruna Tsammani, and N. Okoronkwo ordered the application filed by the appellants to be struck out.
The case with Appeal No : CA/IB/ 428/2018 with suit no: FHC/AB/CS/114/2018 was between Peoples Democratic Party (PDP), its national chairman, Uche Secondus, and secretary Ibrahim Tsari, against Adebayo Dayo and nine others.
Emeka Etiaba, representing the appellant, said the appellant brought five applications, in addition to that filed with the brief of argument in the appeal.
“One was filed on October 15, first day of execution, the second one filed on November 2. We have to apply that the first one be struck out, and it was struck out at no cost.
“Basically, the difference between the first application and the second application is that when we filed the first application, Independent National Electoral Commission (INEC) had not accepted the list of the respondents.
“Unfortunately for us, while we were filling the application, the young man who actually filed it did not put the proposed, but, put the real thing, which, in law mean we have not seen what is proposed,” Mr Etiaba said.
Mr Etiaba said November 20 is ”for them to argue other applications, so that the appellant (can) go for appeal”.
The News Agency of Nigeria (NAN) reports that the appellant is praying the Appeal Court for their appeal be allowed, and the orders made by the court not to be dismissed.
The appellant is praying the court to remit the matter to the Chief Judge in the Federal High Court to reassign the matter to another judge as they alleged bias in the matter.