The new panel constituted to hear all appeals emanating from the Ondo state chapter of the Peoples Democratic Party (PDP), continued with proceedings today, having identified all the processes filed by the parties.
The Justice Ibrahim Salauwa-led three member panel took over from Justice Jummai Sankey’s panel which disqualified themselves over bribery allegations.
Other members of the fresh panel set up by the President of the Court of Appeal, Justice Zainab Bulkachuwa, are Justices Ignatius Igwe Aguba and George Mbaba.
Meanwhile, the fresh panel was confronted with multiple applications for and against the hearing of the appeals.
For instance, while Wole Olanikpekun (SAN) counsel to Mr. Eyitayo Jegede, SAN, who is seeking leave of court to appeal the judgment of Justice Okon Abang of the Federal High Court, prayed the court for accelerated hearing, lead counsel to Prince Biyi Poroye, B.E.I. Ngwufor (SAN) drew the attention of the court to a motion filed on November 3, 2016 challenging the composition of a special panel.
Ngwufor submitted that given the nature of his motion challenging the jurisdiction of the court, his motion should first be determined before that of Jegede.
In his own submissions, counsel to the Senator Ali Modu Sheriff- led faction of the PDP, Godswill Mrakpor, told the court that neither the application by Jegede nor the motion filed by Ngwufor were ripe for hearing.
He informed the court that the processes in both applications were only served on him on Thursday evening, adding that he needed time to file his response to them.
But it was the application brought by Ahmed Raji (SAN), counsel to the Senator Ahmed Makarfi-led faction of the PDP that threw up controversy in the courtroom.
Arguments ensued between Raji and Raphael Oluyode, another counsel representing the Sheriff faction of the PDP, over who has the authority to represent the party in court.
While Oluyode informed the court that there is no appeal from the party against the judgment of Justice Abang, Raji insisted that he has the authority to appeal against the judgment of the trial court.
Besides, Oluyode drew the attention of the court to a motion seeking to strike out the purported appeal by the Makarfi faction of the party in urging the court to invoke Order 11 rule 5 to strike out the appeal.
But Raji stood on his feet to counter Oluyode’s submissions, insisting there was a competent appeal before the court.
Irked by the protracted arguments in court, a member of the panel, Justice Ignatius Igwe Aguba slammed the PDP for its failure to internalize democracy within the party.
Justice Aguba who said he wanted to be quoted stated “I feel sorry for our country.
I feel sorry for the legal profession. There is need for the PDP to internalize democracy, if the party has done that; it will not be passing through this. The party has been factionalized and now come before us to wash its dirty linings in court. Go and put your house in order and stop bordering the court.”
Meanwhile, members of state executive of the PDP in six South West states (loyal to Ali Modu Sheriff) led by Biyi Poroye (factional Chairman of the Ondo PDP), have asked the Court of Appeal to reverse the decision by its President, Justice Zainab Bulkachuwa to constitute a fresh panel to hear appeals relating to the dispute.
In a motion filed by Godswill Mrakpo, they also asked the court to disband the new panel, allegedly set up in breach of the applicant’ right to fair hearing guaranteed under Section 36 of the Constitution.
Poroye and others equally prayed the court to order the return of the case files relating to the appeals and the application for leave to appeal as an interested party (against the decision of the Federal High Court of 14th October 2016 in suit No. FHC/ABJ/CS/395/2016) – filed by Eyitayo Jegede (factional PDP candidate of the Ondo PDP) “to the Registry of the Court of Appeal to take its normal course and turn in the docket of the court.”
The affected appeals are: CA/A/551/2016 filed by Ahmed Makarfi and Ben Obi against Biyi Poroye and 10 others and CA/A/551A/2016 filed by Clement Faboyede and another against 10 others; CA/A551B/2016 filed by the PDP against Biyi Poroye and 9 others and CA/A/551C/2016 filed by Eyitayo Jegede against Prince Biyi Poroye and 10 others.
They argued that not only did the President of the Court of Appeal act without hearing from them, the case, being a pre-election matter did not warrant any urgency to require the constitution of a special panel.
They added that those who filed the appeals against the June 29 and October 14, 2016 decisions of Justice Okon Abang of the Federal High Court, Abuja were not parties in the cases leading to the decisions.
The applicants also argued that no orders were made against any of them (those behind the new appeals) and that they (the applicants), who were plaintiffs in the suits, were not informed when the President of the Court of Appeal acted solely on the request by the appellants to constitute the panel on the grounds of urgency.
They have also filed a motion before the Supreme Court seeking a stay of all proceedings before the Court of Appeal in relation to the appeals pending the determination of the two appeals they filed on October 31, which have entered and given number: SC/914/2016 and SC/915/2016.
