Court sacks Oyinlola as PDP national secretary

Ex-governor appeals

From GODWIN TSA Abuja

A Federal High Court yesterday in Abuja sacked the National Secretary of the Peoples Democratic Party (PDP), Prince Olagunsoye Oyinlola, from office. The former governor has, however, appealed the ruling.

The Ogun State chapter of the party had, through its chairman, Engr. Adebayo Dayo, filed a suit challenging the nomination of Oyinlola by the South West caucus on grounds that two court judgment had nullified the South-West zonal congress through which he was nominated. Listed, as the defendants in along side Oyinlola are the PDP and the Independent National Electoral Commission (INEC).

Delivering judgment in the suit, Justice Abdul Kafarati held that the action of PDP and Oyinlola amounted to criminal conduct and liable to be condemned to prison, being in flagrant disobedience to two court orders. He further held that Oyinlola is not worthy to be recognised as the national secretary of the party and should vacate the office. Also, he held that Oyinlola could not have emerged as the nominee of the PDP, in view of the two court judgments, which nullified the congress, adding that a court order must be obeyed, whether valid or not.

He also stated: “The conduct of the defendants constitute flagrant disobedience to a subsisting court order and also constitute a criminal contempt of court and any step taken thereafter by the PDP secretary is a null and void.” He therefore dismissed the preliminary objection brought by the defendants. Meanwhile, Oyinlola has described the court’s judgment as a miscarriage of justice and therefore appealed.

The former governor yesterday filed a Notice of Appeal and application for a stay of execution of the judgment shortly after the judgment was delivered. The grounds of appeal, as filed by his counsel, Kunle Kalejaye, SAN are: The judgment and or decision is against the weight of evidence; the learned trial judge erred in law when he overruled the preliminary objection to the jurisdiction of the court and assumed jurisdiction and delivered judgment, when the 1st defendant/appellant and the 2nd defendant/respondent, against whom the principal reliefs are sought, are individual and a political party who are neither Federal Government nor an agency of the Federal Government of Nigeria.

The appeal also said that the subject matter of this suit is an intra-party dispute, which clearly is not justiciable, adding that in the circumstances, the Federal High Court and indeed, no court of law has jurisdiction over the subject matter of the suit. Oyinlola is seeking “an order reversing the decision and or judgment of the learned trial judge and substituting there to, an order striking out and or dismissing the entire action with costs.”
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