The Supreme Court of Nigeria has granted the court of Appeal panel sitting in Abuja, the go ahead to continue with the appeal filed before it, by factional candidate of the Peoples Democratic Party (PDP) in the forthcoming Ondo gubernatorial polls, Eyitayo Jegede.
Jegede had challenged the decision of the federal high court Abuja to substitute him with Jimoh Ibrahim as the PDP governorship candidate, but following a counter appeal filed against ruling of the Court of Appeal by the Justice Ibrahim Saulawa led panel, the appeal was adjourned for ruling sine die.
In the appeal filed by Biyi Poroye, factional chairman of the PDP in Ondo state, through his counsel Beluousa Nwofor SAN, before the Supreme Court, he had challenged the Ibrahim Saulawa panel set up to hear the matter.
A Justice Jummai Sankey led panel of the court of appeal had earlier returned the case file back to the President of the Court of Appeal, Justice Zainab Bulkachuwa, following a petition by Poroye accusing her and her colleagues of inducement and bias.
A five-man panel of justices led by the Acting Chief Justice of Nigeria, Justice Walter Onnoghen ordered the continuation of the matter at the court of appeal, after they were withdrawn by Nwofor, on the fact that the appellate court, stayed proceedings.
In another ruling delivered by Justice Onnoghen, the apex court refused to disqualify the 3 Appeal Court Justices hearing the appeals relating to Ondo PDP governorship candidacy tussle.
Just Onnoghen said that the prayer of the Jimoh Ibrahim faction brought before the Supreme Court was in bad taste as it was aimed at scandalizing, criminalizing and intimidating the justices in the process of doing their job.
The acting CJN said that it was unprofessional and un-ethical for the counsel for the applicants to have joined the 3 justices as defendants in the motion when the law forbids joining justices from being made parties in the matter they are handling.
He held that the type of practice of scandalizing is irritating as it can bring anarchy for the country’s democracy and therefore dismissed the appeal.
The acting CJN ordered the counsel, (Nwofor) to personally pay a sum of N1m each in all the motions in which the appeal court justices were unlawfully joined as defendants and in another sum of N500,000 to other respondents in the appeal.
Justice Onnoghen who was furious with the ways and manners the appeal court justices were turned to defendants in the matter before them stated that the appellants or anyone have no right to box a court to a corner and turn around to scandalize same court.
While the hearing was ongoing, Ali Modu Sheriff was seen storming out of court.
The apex court adjourned to November 24, 2016 to hear the substantive suit, while the Court of Appeal is expected to proceed with its judgement on the appeals before it.
