* Awards cost against PDP
The Court of Appeal sitting in Ibadan, the Oyo State capital today (Monday) struck out the motion for stay of execution of the orders given in favour of the Engr. Adebayo Dayo-led Ogun State Executive.
This followed the withdrawal of the appellants’ newly filed motion for stay of execution, among others.
The court also awarded a N20,000 cost against the appellants – the PDP, it’s National Chairman, Prince Uche Secondus and Senator Umar Ibrahim Tsauri.
Represented by Mr Emeka Etiaba, the appellants withdrew all their previously filed applications which included motions for stay of execution, an abridgement of time and amendment of appeal following which the Court struck out the said applications having been withdrawn.
In his response, the counsel to Engr. Adebayo Dayo, Dr. Alex Izinyon (SAN) told asked for a N500,000 cost since he had filed a response and joined issues on the applications.
He also told the court that the matter had been adjourned thrice within the last one month at the instance of the appellants. However, Etiaba made an offer of N20,000 which the court agreed with and consequently awarded in favour of the 1st – 9th Respondents (i.e. Engr. Adebayo Dayo and others).
Etiaba informed the court of the mutual agreement of counsel for both parties in respect of the newly filed motion for abridgement of time for filing of briefs and the court granted the application on the agreed terms.
Following the mutual consent of parties’ counsel, the court gave the appellants one day from today (Monday) to file their brief of argument, 14 days for the 1st – 9th respondents to file their brief from the date of service and one day for the appellants to file a reply brief.
In their amended and newly filed Notice of Appeal, the appellants’ are asking the court for an order setting aside the orders of the lower court and reassignment of the suit at the Federal High Court, Abeokuta.
A date for hearing of the appeal will be communicated to parties upon the conclusion of exchange of briefs.
It would be recalled that the pro-Ladi Adebutu national leadership of the PDP filed an appeal against the orders of the Federal High Court sitting in Abeokuta, the Ogun State capital, which directed the PDP and the Independent National Electoral Commission (INEC) to “accept, process and publish” only the list of candidates that emerged from congresses/primaries endorsed by Dayo-led Exco.
The appeal number CA/IB/2018 PDP & 2Ors. Vs Chief (Engr.) Adebayo Dayo & 9Ors. is an appeal against a judgment enforcement proceedings. The Federal High Court sitting in Lagos had on the 24th of June, 2016, delivered a judgment in favour of the Dayo-led Exco as the ONLY Ogun State PDP structure that is known to law. The judgment is yet to set aside and is no pending appeal against it.
The three-man panel of judges of the Court of Appeal included the Hon. Justice H.S. Tsammani, JCA, (Presiding), Hon. Justice N. Okoronkwo, JCA, and Hon. Justice F.A. Ojo, JCA.