In a notice of appeal filed at the Court
of Appeal, Abuja, on Thursday, the appellants want the apex court to
reinstate the judgment of the Federal High Court, Abuja, that sacked
Oyinlola as the PDP National Secretary.
Justice Abdul Kafarati of the Federal
High Court, Abuja, had on January 11 declared invalid, null and void
Oyinlola’s nomination and subsequent election as the National Secretary
of the party.
Kafarati had relied on the order and two
separate judgments of the Federal High Court, Lagos, that nullified the
South-West zonal congress that produced Oyinlola as candidate for the
National Convention in March 2012.
But the Court of Appeal, chaired by
Justice Amiru Sanusi, on Wednesday reinstated the formr Osun after
setting aside the judgment by the lower court.
Dissatisfied, the Ogun PDP Chairman,
Adebayo Dayo; and Secretary, Alhaji Semiu Sodipo, through their
counsel, Ajibola Oluyede, on Thursday filed the notice of appeal for and
on behalf of other state’s officers.
Apart from the four grounds of appeal
stated in the notice of appeal, the Appellants said they shall file
additional grounds upon compilation of the Record of Proceedings in the
case.
According to them, the Court of Appeal,
Abuja erred in law “when it overturned and set aside the judgment of the
Federal High Court in this action on the basis that the order sought to
be enforced in this action, which was made in Suit No.
FHC/L/CS/282/2012 was made in breach of the 1st Defendant’s right to
fair hearing because he was not a party to that action in which the
order was made”.
The Appellants argued that the appellate
court failed to realise that it had no jurisdiction to
invalidate/nullify the order made in Suit No. FHC/L/CS/282/2012 when
there was no appeal against that order before it.
They maintained that the appeal referred
to by the appellate court in arriving at its decision had been withdrawn
and struck out by the Lagos Division of the court.
“The First Defendant (Oyinlola) did not
appeal against the said order as he could have done and the appeal filed
by the named Respondents in that action was withdrawn and struck out to
the knowledge of the 2nd Defendant and he did nothing about it.
“The Honourable Court went on a voyage of
discovery in arriving at this conclusion because there was no appeal or
valid complaint against that order before it in the appeal,” Oluyede
stated.
The Appellants also stated that the
Court misdirected itself when it said the suit that led to Oyinlola’s
sack was an abuse of court process because there were other cases filed
to enforce the order made in Suit No. FHC/L/CS/282/2012.
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