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Ogun: Obasanjo’s faction misled court – PDP

 

The Peoples Democratic Party on Tuesday informed a Federal High Court in Abuja that a faction of the party in Ogun State loyal to former President Olusegun Obasanjo fraudulently secured the order that prevented the Independent National Electoral Commission from accepting a list of candidates from the group led by Governor Gbenga Daniel.

The PDP stated this in a motion on notice by one of its lead lawyers, Mr. Lateef Fagbemi, seeking to vacate the January 26 order of interlocutory injunction restraining INEC from accepting the list of candidates that emerged from the primaries conducted by the faction loyal to Daniel.

Justice Abdul Kafarati had restrained INEC and the PDP from accepting the list of candidates sent by the Chairman of Daniel’s faction, Chief Joju Fadairo. The court made the order after a motion on notice filed by Chief Adetunji Olurin, Babatunde Fadun, Dave Salako, Tunde Oladunjoye, Wale Solaja and Seun Adesanya.

The motion was supported by a 53-paragraph affidavit sworn to by Wale Solaja and moved by Mr. O.O. Fakunle (SAN). Before the last adjournment, the judge had ordered, “That the first respondent (INEC) and second (PDP) respondent are restrained from accepting, compiling, announcing, using, validating or otherwise acting upon the results of the primaries/congresses conducted in Ogun State pending the hearing of the originating summons.

“That the (INEC) and (PDP are restrained from announcing or making any pronouncement validating the result of the primaries/congresses conducted in Ogun State by the dissolved Ogun State Executive Committee of the second respondent pending the hearing of the originating summons.”

But when the case came up on Tuesday, Fagbemi told the court that the plaintiffs in the matter misrepresented facts before the order was secured. Fagbemi asked the court for an order discharging, setting aside or vacating the interim order of injunction made ex parte by the court on January 26.

He said this was because it was “made without jurisdiction and on the basis of concealed material facts and misrepresentation of facts by the plaintiffs.”

Efforts by him to move the motion for the order to be vacated were opposed by the lawyer to the plaintiffs on the ground that the motion was not ripe for hearing.

He said, “The plaintiffs misrepresented to the court the fact that there was a harmonized executive committee of the party in Ogun state, led by one Chief Dayo Soremi, when no such committee exists and when the National Executive Committee or National Working Committee of the party did not ratify or approve any such Harmonised Executive committee.

“The plaintiffs misrepresented facts to the Honourable court that the Chief Joju Fadiro-led Executive Committee of the PDP in Ogun state had been dissolved when to the knowledge of the plaintiffs there was no such dissolution.

“The plaintiffs concealed from this court the fact that an Abeokuta High Court in suit No AB/166/2010, -Chief Joju Fadiro& 28 Ors vs Dr Okwesilieze Nwodo & 5 Ors, had restrained the PDP from dissolving or interfering with the Chief Joju Fadiro Executive Committee of the party in Ogun State.

“Any order made by this Honourable court against the Chief Joju Fadiro led executive is an order made in vain and is incompetent”.

Meanwhile, Fadairo has applied to the court to be joined in the suit. In a motion on notice filed by his lawyer, Mr. Tayo Oyetibo (SAN), Fadairo asked for an order of the court to be made a party in the suit.

In an 11-paragraph affidavit deposed to by Gbenga Ojekunle, the applicant said the party seeking to be joined was not disqualified or incapacitated from performing the functions of his office by any subsisting order of injunction. He said that the party sought to be joined is a proper, desirable and necessary party without which all the issues in this suit could be decided one way or the other.

The case has been adjourned till February 15 for parties to argue the application.

-Punch

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Posted by on Feb 9 2011. Filed under Ogun, Party Politics, Peoples' Democratic Party (PDP), State News. You can follow any responses to this entry through the RSS 2.0. You can leave a response or trackback to this entry

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