Justice Okon Abang of the Federal High Court, sitting in Abuja, yesterday, reserved ruling on three separate applications seeking to join, stay execution and appeal against the judgment that made Barrister Jimoh Ibrahim, governorship candidate of the Peoples Democratic Party, PDP, in Ondo State.Justice Abang reserved the ruling after he listened to the submissions of all counsel in a fresh application filed by Eyitayo Jegede, who is seeking to be joined and the appeal against the ruling on the suit filed by Biyi Poroye, chairman of PDP in the state.
The judge also reserved decision on the application seeking to stay execution of judgment filed by the Ahmed Makarfi-led faction of the party.
It would be recalled Jothat Justice Abang had on June 29, ordered the Independent National Electoral Commission, INEC, to recognise Barrister Jimoh Ibrahim as the candidate of the PDP for the Ondo State governorship election, following a suit over dispute on the leadership of the party in the state.
Justice Abang also declared as illegal the Makarfi-led Caretaker Committee of the national leadership of the PDP.
Meanwhile, Justice Abang granted leave to Jegede to rely on the affidavit earlier filed in support of his motion to be joined as an interested party and to appeal the decision of the Federal High Court, which recognised the Ali Modu Sheriff-led faction.
In a short ruling, Abang overruled the opposition of counsels to the respondents, which include Barrister Ibrahim and PDP on the affidavit as basis for him to be joined as interested party in appeal.
Earlier, counsel to the first and second respondents, Alex Izinyon, SAN, argued that allowing the applicant to be joined as interested party in the appeal on the basis of a sworn affidavit will be improper.
Izinyon said where an application is seeking leave to appeal as an interested party, the applicant must have shown in the record of proceedings and not sworn affidavit.
“All the applicant is dealing with is affidavit evidence. They are irrelevant, barbaric and of no use.
“It is the affidavit of a fact of the record of proceedings to show how the interest of the applicant has been affected, and not affidavit in support.
“The applicant is not challenging that judgment or show how it affected him and should be thrown out,” he said.
He averred further that Jegede should not be joined as an interested party to appeal the June 29 judgment.
He said: “It is PDP that has the right to be joined. He (Jegede) has no capacity to bring the application.”
The PDP counsel, Godswill Mrakpo, said the party aligned itself with the submissions of Izinyon.
He countered the application of the applicant, saying it was an attempt to build a house from the roof.
According to him, subsection 24 (3)A provides that a person who has no interest in a matter has no right to appeal judgment.
Comments