SAN FRANCISCO, November 10, (THEWILL) – The Court of Appeal has granted Eyitayo Jegede leave to appeal the decision of the Federal High Court Abuja which recognised Jimoh Ibrahim as the candidate of the Peoples Democratic Party (PDP) for the November 26 governorship election in Ondo state.
Jegede emerged the candidate of the party in the congress conducted by the Ahmed Makarfi-led National Caretaker Committee of the PDP while Jimoh Ibrahim is the candidate of the Sen. Ali Modu Sheriff faction of the party.
Jegede had challenged the ruling by Justice Okon Abang ordering INEC to recognise Ibrahim as the PDP candidate for the Ondo state governorship election.
However, the Chairman of Ondo State PDP and 10 others asked for the disbandment of the panel.
The Special Panel of the Court of Appeal in Abuja, chaired by Justice Ibrahim Salauwa, granted Jegede the leave declaring that the application had merit and dismissed the application against the appeal.
Salauwa said it was clear that the decision of the High Court which recognised Ibrahim as the PDP candidate for the Ondo state governorship poll had hurt the applicant grievously.
“All the prayers made by the applicant are hereby granted,” Salauwa ruled.
“The court has seen the need to depart from the rules and therefore, the record transmitted from the trial court in respect of this case is deemed to have been filed.
“The parties are ordered to exchange processes within 24 hours to set the stage for the hearing of the substantive appeal.
“No party in a matter is empowered by law to challenge administrative decisions of heads of court.
“The President of the Court of Appeal is responsible for assigning cases.
“We do not want to deliberate on the reasons why the first panel recuses itself from determining these appeals; we believe this panel has the jurisdiction to treat these matters.
“The respondents are to reply within three days.”
Story by Oputah David
