The Ondo state chapter of the Ahmed Makarfi-led faction of the Peoples Democratic Party, PDP on Saturday said Mr Eyitayo Jegede, SAN remains the lawful and only candidate of the PDP in the November 26 governorship election in the state.
SUNSHINE HERALD recalled that Justice Okon Abang of the Federal High Court sitting in Abuja had on Friday ordered the Independent National Electoral Commission, INEC to recognize business mogul, Barrister Jimoh Ibrahim of the Ali Modu Sherrif-led PDP as the party’s candidate.
Reacting to the ruling during a press conference in Akure, Engineer Clement Faboyede, chairman of the faction said the forthcoming Ondo state governorship election was not part of the plaintiffs claim and no reference was made to it in the claim.
He said: “By originating summons, dated and filed on 7th of June, 2016, the claimants who were 9 in number sought certain reliefs from the Federal High Court sitting in Abuja presided over by Hon Justice O.E. Abang.
“The suit sought to determine the tenure and membership of the State Executive Committee of PDP in the South West Zone and in addition sought directions in respect of party primaries for 2019 General Elections.Essentially, the claimants sought inter-alia a declaration that they were the people entitled to deal with nomination of candidates for 2019 General Elections.
“It should be noted that the Ondo State Governorship election scheduled for 26th November 2016 was not part of the plaintiffs claim and no reference was made to it in the claim.
“It is interesting to note the following: That the summons was taken out by one ‘Olagoke Fakunle (SAN) of 84 Kwame Nkrumah Crescent, Asokoro, Abuja’. This is so reflected on the face of the summons.
“Same summons also listed the names of the following as plaintiffs’ counsel: Dr. Alex A. Iziyon (SAN), F.O. Iziyon (Esq.), Charity Adah (Miss), and Otobong Bob (Esq.). This is also so reflected on the face of the summons.
“Surprisingly and most shockingly, the same Olagoke Fakunle (SAN) who took out the summons appeared for the defendants. In other words, he took out the summons for the plaintiffs on one hand and appeared as counsel for one of the defendants on the other.
“At the time of trial, most shockingly, the defendant’s counsel O.O. Fakunle(SAN) who interestingly took out the writ against the defendants appeared in Court and by his submission supported the position of the plaintiffs. In any case this is not surprising, given the fact that he took out the summons.
“The above case was concluded on 29th of June, 2016 and the reliefs that had to do with election referred to and were tied to 2019 general election. There is no nexus between the suit and 2016 Ondo State Governorship election.
“Of recent a new set of processes was filed dated 29th September, 2016 by Clarisa Adaogbo Ebuseme of TRLPLaw.
“Of note is the fact that TRLPLaw is a law firm with R.A. Oluyede Esq. as the Principal Counsel R.A. Oluyede Esq. of the same TRLPLaw appeared for the 2nd defendant in the same process where a counsel in his law firm was representing the plaintiff.
“It is interesting also to note that the same style and modus operandi that was adopted in the first set of process was replayed here. Counsel to 2nd defendant also conceded to a claim filed by a counsel in his law firm, when he appeared for the 2nd defendant.”
Speaking further, Faboyede said Justice Abang in his judgement made no pronoucement in respect of the status of Jegede in the guber election.
“It should be noted that it is a contempt proceedings against Independent National Electoral Commission (INEC), but wherein the presiding Judge directed INEC to receive the nomination papers of Jimoh Ibrahim from the applicants as State Executive of the PDP against the backdrop of numerous decisions of the Supreme Court that it is the National Executive of a political party that has the responsibility to submit names of Candidates to INEC.
“His Lordship’s order made no pronouncement in respect of the Status of Eyitayo Jegede (SAN) as the candidate of PDP, neither did he make reference to the list of candidates published by INEC on the 29th day of September, 2016 subject of the Governorship Election.
“Mr. Eyitayo Jegede (SAN), the PDP Governorship Candidate in Ondo State was not a party to any of the processes filed, no order was also made against him. Jimoh Ibrahim referred to in the latest decision was also not a party to the two cases. How then did Mr. Jimoh Ibrahim now become a beneficiary of the decision of His Lordship?
“Other than the ‘Cooperation’ that pervades the entire processes and proceedings in the case, Eyitayo Jegede (SAN) remains the lawful and only Candidate of PDP to the office of the Governor of Ondo State in the November 2016 Election.
“We must state for the records, that despite the inherent weakness and obvious ineffectiveness of this judgement against the candidature of Eyitayo Jegede (SAN), legal steps have been taken to affirm the validity of his candidature and expose the flaws in the decisions of the Court that are targeted at subverting the will of the Peoples’ Democratic Party and the generality of the people of Ondo State.
“That the attempt to re-write the judgement by changing the date of 2019 general elections as contained in the earlier judgement of 29th June, 2016 and linking it with the Governorship election of 2016, which was never the subject of the earlier suit would certainly be a subject of investigation by the appropriate statutory authorities,” he said.
Faboyede said his faction of the PDP had so far submitted different petitions against Justice Abang.
He said; “PDP as a party had earlier submitted petitions against Hon. Justice O.E. Abang. We are still waiting for the outcome of the petition.
“What is happening is a mere distraction. The campaign is going on in full gear. What cannot be secured lawfully, cannot be secured through the back door.
“Nobody should give any of the decisions or read into them what they do not mean or say.
“In conclusion, the satanic and demonic collusion which led to adjustment of the previous judgment in favour of a person who was never a litigant before the court smacks of fraud, this is more so as I have highlighted above, that the same sets of counsel who initiated the proceedings also appeared for one of the defendants in the two cases to concede to judgment.
“The good news is that there is no judgement against Eyitayo Jegede SAN who remained the governorship candidate of our party in Ondo State.”