Efforts by the Peoples Democratic Part, PDP seeking to forestall the conduct of local government elections by the Ondo state government have suffered setback.
The Appeal Court comprising a three man panel of justices sitting in Akure refused the prayers of the PDP on the basis that it was premature to grant the interlocutory injunction when such relief was already being sought in the substantive case.
The ruling read by Justice Obande Ogbuiya however granted the prayers of PDP to appeal the ruling of the high court which sacked the council bosses elected at the twilight of the mimiko administration.
Counsel to the PDP Ifedayo Adedipe SAN represented by Olusola Oke told SUNSHINE HERALD that the court ruled that it had good grounds of appeal on the sacking of the council bosses.
“The application was granted to the extent that we were granted leave to appeal within seven days. The court however refused the fourth leg of our prayers for an injunction to stop the election on the grounds that we were already seeking same prayers in the substantive appeal before the court.
“For us as lawyers, we understand that it would amount determining the appeal at the interlocutory stage if the lordships were to grant that prayer.
“But we know that the state government headed by a respected senior advocate will ensure the rule of law is not in anyway dragged in the mud.
“Since we have an order of injunction in the substantive appeal, it behoves on the state government and its agencies to ensure nothing is done by way of attempting to conduct or conducting the local government elections as doing so will amount to taking steps to truncate the appeal,” Oke said
Meanwhile, counsel to the Ondo State Independent Electoral Commission, ODIEC, and the Attorney General of Ondo State, Titiloye Charles expressed satisfaction with the ruling.
“The court of appeal has granted them leave to appeal the judgement but refused their prayer to stop local government election.
“The court says its an insult to ask such prayers at an interlocutory stage when it was in the substantive suit and ordered them to file notice of appeal within seven days. We are satisfied the ruling,” Titiloye said.
It would be recalled that the local government chairmen and councillors were sacked march 2017 by a high court sitting in Akure.