By Agboola Bayo
Ibadan
The Court of Appeal sitting in Ibadan at the weekend struck out an appeal filed by a former factional president of Christ Apostolic Church (CAC), Pastor Elijah Howard Oluseye, and three others.
Others are and Pastor Gideon Okegwemeh, general secretary, Pastor Johnson Olabisi of CAC Adamasingba, and Abdul Hakeem Mohammed, a director with Corporate Affairs Commission.
The Presiding Judge, Justice Dogban Mensem, in his ruling, held that the four accused persons had no appeal before the court.
Justice Mensem leading Justices A.A Gumel and M.N. Oniyangi stated that there was no record or evidence to show that they had filed the case in the Court of Appeal.
He said the counsel to the appellants had informed the court that he did not have a copy of main record of appeal which he said they had filed since December 19, 2013, and that the court “cannot adjourn the case as prayed by counsel to the appellants; we don’t have record before us that can warrant us granting such request, this case is hereby struck out.”
Counsel to the appellants, Barrister O.S –Ikahana, had pleaded with the court for a short adjournment to enable him to put his house in order and come properly before the court.
However, counsel to the respondents, Barrister Kareem Salawu, objected asking the court to dismiss the appeal entirely, adding: “They brought us here, they are supposed to have filed all necessary papers .My Lords since we started this case this is way they have been behaving.”
It would be recalled that Justice Abimola Adejumo Obaseki of the Federal High court in Ibadan on September 19, 2013, ruled that the accused persons had a case to answer on allegations of conspiracy and forgery preferred against them by the federal government.