The Senator Ali Modu Sheriff-led faction of the Peoples Democratic Party, PDP, yesterday, told the Justice Ibrahim Salauwa-led three member panel constituted to hear all appeals emanating from the Ondo State chapter of the party, that it lacked the jurisdiction to hear the appeals.
President of the Court of Appeal, Justice Zainab Bulkachuwa, had set up a fresh panel after members of the previous one, headed by Justice Jummai Sankey disqualified themselves over bribery allegations.
At the resumed proceedings yesterday, lead counsel to Prince Biyi Poroye, B.E.I. Ngwufor, SAN, drew the attention of the court to a motion he filed challenging its jurisdiction.
Ngwufor, who hinged his prayers in pursuance to Section 36 of the 1999 Constitutions and Order 7, Rule 1 of the Court of Appeal rules, told the court that the decision to set up a special panel to hear the motion was against the decision of the rules of the court.
He said: “The decision by the Court of Appeal president to set up a special panel for this purpose was made on administrative ground.
“She ought to have asked for our response upon getting the request for the constitution of the new panel.”
He urged the court to refuse the application on grounds that it was quasi criminal in nature.
Opposing the application, counsel representing Mr. Eyitayo Jegede, Chief Wole Olanipekun, prayed the court to dismiss the motion on the basis of the motion itself.
He said there was no counter affidavit before the court to challenge their submissions, and that the appellant in a letter asked the President of the court to constitute a new panel.
He submitted that the court could not act in speculation, adding that since the President of the Court of Appeal is not a party before the panel; its decision could neither be set aside or appeal against.
He urged the court to refuse the application on grounds that it was a deliberate attempt to truncate justice and subvert judicial process.
Meanwhile, the appeal filed by Mr. Jegede seeking leave of court to appeal the judgment of Justice Okon Abang of the Federal High Court was also heard.
Jegede, in the motion, is also seeking to be joined as an interested party.
Chief Olanipekun, who moved the motion, raised two issues.
He questioned how the decision in which he sought leave to appeal against the jedgement, affects the respondents.
On the second issue, Olanipekun asked whether the grounds of appeal which the appellant wanted to ventilate raised crucial fundamental and constitutional issues and added that Jegede was an interested party because his interest was affected by the decision of the court.
He urged the court to grant the application as prayed.
Objecting to the submissions of Olanipekun, Nwuofor asked the court to dismiss the motion for being incompetent.
He said in a counter affidavit, dated 30 October, that the first relief of the applicant did not identify the particular suit number and the title of the suit in which the ruling was delivered which he now seen to appeal against.
Another reason that renders the relief sought by the applicant incompetent is that decision of the Federal High Court sought to be appealed against is not properly before the court.
Also appeal no CA/A/551/2016 filed by Ahmed Makarfi and Ben Obi against Biyi Poroye and 10 others and CA/A/551A/2016 was heard and another against 10 others; CA/A551B/2016 filed by the PDP against Biyi Poroye and 9 others was also heard.
The panel has adjourned till today for continuation.
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