JUST IN: Mimiko, Jegede Wins At Supreme Court Over Who Flies PDP Flag At Ondo Saturday Election

The Supreme Court this morning ruled that the Court of Appeal should as a matter of expeditious, hear the suit filed by Mr. Eyitayo Jegede, the factional PDP candidate against Jimoh Ibrahim and Senator Ali Modu Sheriff faction of the Peoples Democratic Party, PDP over the controversial Ondo gubernatorial election

The Supreme Court on Tuesday ordered the Justice Ibrahim Saulawa-led panel of the Court of Appeal in Abuja, which is handling the various cases relating to the dispute over the Peoples Democratic Party’s governorship ticket in the forthcoming election in Ondo State, to continue with its proceedings.

The five-man panel of the apex court led by the Acting Chief Justice of Nigeria, Justice Walter Onnoghen, made the order after 10 applications asking for stay of the Court of Appeal’s proceedings were withdrawn by the applicant’s lawyer, Mr. Beluolisa Nwofor (SAN).

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With the Tuesday’s order, the Justice Saulawa panel can go ahead to deliver its reserved judgments on the appeals filed by Eyitayo Jegede and a factional leader of the PDP, Ahmed Makarfi, challenging Jegede’s replacement by the Independent National Electoral Commission as the party’s governorship candidate for the election scheduled to take place on November 26.

Acting on the orders of Justice Okon Abang of the Federal High Court in Abuja made on June 28 and October 14, 2016, INEC had dropped Jegede and substituted him with Jimoh Ibrahim of Ali Modu Sheriff faction of the PDP as the authentic governorship candidate of the party in Ondo State.

The Justice Saulawa panel had heard and reserved its judgments on the appeals after hearing them between November 16 and 17.

But on November 18, the appeal court panel suspended its proceedings with respect to all the pending appeals relating to the dispute over the party’s ticket for the election slated to hold next Saturday, on the grounds of the pending motions for stay of proceedings pending before the apex court.

The appeal court panel had ruled that it would stay proceedings pending when the Supreme Court would determine the motions for stay of proceedings and another setting aside the November 16 proceedings of the appeal pending before the apex court.

The motions for stay of proceedings were filed before the apex by nine respondents before the appeal court who were led by Mr. Biyi Poroye, who filed the motion before the Supreme Court are state officials of the Sheriff-led faction of the PDP in the South-West zone.

But at the hearing before the Supreme Court on Tuesday, Poroye’s lawyer, Nwofor, withdrew all the 10 motions seeking stay of proceedings of the appeal court.

The lawyer withdrew the motions for stay of proceedings to pave the way for the hearing of his motion seeking the setting aside of the proceedings of the appeal court which were said to have been conducted on November 16 in defiance to pending appeals and applications before the Supreme Court.

The application to withdraw the 10 motions for stay was not opposed by other lawyers appearing for other parties to the suit.

In a unanimous decision, the Supreme Court dismissed the motions having been withdrawn without objection.

Reading the lead ruling of the apex court, Justice Onnoghen held that the motions for stay of proceedings having been withdrawn, the appeal court “is ordered to continue its proceedings forthwith”.

The order of the apex court on Tuesday paved the way for the appeal court to go ahead to deliver its reserved judgment.

Punch Newspaper

Mimiko's Heart Broken As Court Adjourns Jegede's Appeal INDEFINITELY

Governor Olusegun Mimiko of Ondo State heart may have been broken again as the Court of Appeal, Abuja division, on Friday adjourned indefinitely the appeal of factional candidate of the Peoples Democratic Party, PDP, in November 26 governorship election Ondo State, Eyitayo Jegede.

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Mimiko, his stooge Jegede and supporters are expecting favourable judgement from the appelate court

But the Justice Ibrahim Saulawa-led panel explained that it took the decision to adjourn “sine die” (indefinitely) to wait for the decision of the Supreme Court on interlocutory appeal filed by the respondents.

Details Later…

Ondo PDP Governorship Appeal Against Jimoh Ibrahim, Here Is What The Court Says Today

The Court of Appeal in Abuja on Wednesday reserved judgment in the appeal filed by the substituted governorship candidate of the Peoples Democratic Party, Mr. Eyitayo Jegede, challenging his replacement with Jimoh Ibrahim who belongs to a rival faction of the PDP.

Acting on the orders made by Justice Okon Abang of the Federal High Court in Abuja on June 29 and October 14, 2016, the Independent National Electoral Commission had dropped Jegede who belongs to the Ahmed Makarfi-led faction and replaced him with Ibrahim as the party’s flag bearer of the party in the forthcoming November 26 election in Ondo State.

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Ibrahim belongs to another faction of the PDP led by Ali Modu Sheriff.

The Justice Ibrahim Saulawa-led appeal panel allowed Jegede’s counsel, Chief Wole Olanipekun (SAN), to adopt his client’s appellant’s brief, despite stiff opposition put up by the counsel for the first to ninth respondents in the case, Mr. Ben Nwofor (SAN).

Ondo Election: We're Tired Of Your Cases - Appeal Court Judge Blasts PDP

A Justice of the Court of Appeal, Justice Ignatius Agube, who is on the panel examining the Peoples Democratic Party’s ticket for the forthcoming governorship election in Ondo State, said on Friday that if PDP members had resolved their issues internally, they would not be washing their dirty linen in public.

He said the party’s failure to internalise democracy within its fold over the years was the cause of its problems; saying that ordinarily, the court had no business resolving its internal disputes.

Agube called on the party to put its house in order and stop belabouring the court with its problems.

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He said this while reacting to issues generated during the Friday’s proceedings, when two lawyers representing the Ahmed Makarfi and Ali Modu Sheriff factions of the party rose to make conflicting prayers in respect of the appeal filed by the Makarfi camp.

Agube said, “I have stressed this fact before now. I said in Kwara and Yobe that there was need for the PDP to internalise democracy.

“If they had resolved their issues internally, they would not be here washing their dirty linen in public. Ordinarily, the courts have no business resolving your internal disputes.”

Acting on the orders made by Justice Okon Abang of the Federal High Court in Abuja on June 29 and October 14, 2016, the Independent National Electoral Commission had dropped Eyitayo Jegede, who is of Makarfi’s faction, and replaced him with Jimoh Ibrahim as the PDP’s governorship candidate in the state.

There are now about six pending appeals filed by the Makarfi-led faction, and Jegede and others seeking an order compelling INEC to drop Ibrahim and reinstate Jegede as the governorship candidate of the party in the state.

During the Friday’s proceedings, Adedayo Adeyeye and Ben Obi of the Makarfi faction announced that they were representing the PDP, while another set of people, including Cairo Ojougboh (Modu Sheriff camp) also claimed to be representing the PDP, a development that infuriated Justice Agube.

The panel headed by Justice Ibrahim Saulawa of the Calabar division of the Court of Appeal, adjourned all pending applications in the appeals to November 7 for hearing.

The panel adjourned till Monday despite requests by lawyers to the appellants, including Wole Olanipekun (SAN) and Ahmed Raji (SAN) that their preliminary applications be heard promptly in view of the urgency required by the matter.

Culled From Punch Newspaper

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Ondo Gov Confusion: I've Bribed Judge With N350m For Victory - Mimiko Quoted In Public Bragging: The Petition, Why Judges Withdrew

SH - Further details have emerged regarding the petition written against a judge of the Abuja Division of the Court of Appeal, Jummai Sankey, on the Ondo State Peoples Democratic Party crisis.

Ms. Sankey had earlier on Tuesday recused herself from presiding over applications brought by Eyitayo Jegede, the candidate of the Ahmed Makarfi’s PDP faction.

Her decision, which was also taken by the other two members of the panel, was on the ground that a petition had been written against them by Biyi Poroye, the state chairman of the party, from the faction led by former Borno State governor, Modu Sheriff.

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The petition dated October 31, read in court, said that the Ondo State Governor Olusegun Mimiko had allegedly boasted of bribing the presiding judge with a sum of N350 million.

The petitioner, Mr. Poroye, claimed that Mr. Mimiko made the statement at a public gathering and that he had earlier boasted of treating Ms. Sankey to a bribe of N100 million.

Mr. Poroye, in the petition, alleged that Ms. Sankey had been sick for the past five years and had most likely spent her fortune on treatment, hence the possibility that she would be prone to being compromised for financial gains.

He added that Ms. Sankey was transferred from Yola, where Mr. Jegede had practiced for over 15 years, and therefore she could have had strong ties with the applicant.

He also faulted what he termed as ‘the composition of a special panel to hear a pre-election matter,' adding that there was no reason for the President of the Court of Appeal, Zainab Bulkachuwa, to have done so since the appeal was not time bound.

Counsel representing both factions had in court indicated a lack of knowledge about the said petition and condemned it.

Ms. Sankey had also condemned the decision of the petitioner to have used her illness as a basis for the allegations against her.

“Conscience is an open wound; only truth can heal it. It is painful that the petitioner used my ailment predicament to insult me, to allege that I am a poor Judge, sick for five years and prone to corruption.

“I am ready to carry my illness on my shoulder, but it is unfair for the petitioner to make my sickness an issue in his petition,” she had said.

The court had opted to ignore the petition, since the counsel indicated ignorance, but noted that any case of alleged bias has the legal requirement for consideration.

The panel, therefore, returned the case files to the president of the court, till the determination of the issues contained in the petition.

The appeal court had planned among other things to decide whether the lower court was right in deciding that the faction of the party led by Mr. Sheriff was the right camp of the PDP.

That decision was to form the basis of determining the rightful candidate to be recognized as the flag-bearer of the PDP in the November 26 election.

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Ondo Election: I've Secured Tinubu's Support - Akeredolu Boasts

The Ondo State All Progressives Congress, APC gubernatorial candidate Mr. Akeredolu, after meeting with President Muhammadu Buhari at Presidential Villa yesterday said to the state house correspondents that the APC would win the Nov.26 gubernatorial election in Ondo.

“l can always tell you, people who know me, they know that I talk most times with some confidence. Let me assure you here that by the grace of God, we will win the election in Ondo state.”

On his relation with a national leader of APC, Bola Tinubu, Mr. Akeredolu dismissed the insinuation that he had scores to settle with him.

He said that Mr. Tinubu’s silence over the conduct of the APC primaries signified acceptance of the exercise.

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He said, “I don’t have any rift with him, since the primaries you would see that as a leader of the party, he has not said anything about it, he has accepted the primaries and we are moving on.

“So, I don’t have any rift with him at all and we are moving on.”

Mr. Akeredolu called on the security apparatus in Ondo “to be up and doing so that they don’t allow miscreants to take over the state’’.

“What we said is don’t allow miscreants to be out as it could lead to the breakdown of law and order; so it’s not that we are afraid, but we fear for the lives and property of the people of Ondo State.

On facing Jimoh Ibrahim or Eyitayo Jegede of the PDP, the APC gubernatorial candidate said he would have been happier facing both of them together.

“I can assure you I would have been happier facing both of them together,” he said. “If Eyitayo Jegede was chosen as candidate and Ibrahim as his deputy, I will still win.

“In fact, Jegede happens to be a friend, Ibrahim too. Jimoh Ibrahim went to Ife, so, we have known ourselves for long.

“I have no fear about both of them, we know that we are going to win this election and I have no doubt.”

The News Agency of Nigeria reports that Governor Mohammed Abubakar of Bauchi and Governor Badaru Abubakar of Jigawa, who were in the Presidential Villa, told the State House correspondents that they discussed security issues with President Buhari.

“We have come to confer (which is usual) with Mr President. But as you can see, I am here with the governor of Jigawa, as you know we share a border with Jigawa.

“We have come to discuss some security concerns with the President to solicit for his support for us to effectively ensure security in the two states, this is basically what we have come to discuss,” Mr. Abubakar said.

On Northern governors’ trip to the U.S., Mr. Abubakar said that the governors were invited by the United States Peace Institute based in Washington.

According to him, the United States’ government had a great concern for the northern part of Nigeria.

“They believe whatever situation that exists in the northern part of Nigeria has a multiplier effect on the whole nation.

“So, if you are able to solve the problem before it becomes a national problem, it will help, we have discussed with them the root causes of insurgency and illiteracy, poverty, lack of empowerment of youth and women.

“These are points we have discussed and the issues of IDPs in Borno, Bauchi, Taraba, Gombe.

“They have indicated their concern for the humanitarian crisis and especially about the situation of children in the IDP camps, and we have solicited for their immediate support so that we can overcome the challenges,’’ he added.

(NAN)

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Ondo: Gov. Mimiko Switches Support To Akeredolu To Effect Done Deal With Buhari, Allies To Defect To APC On Thursday

Allies of  Ondo State Governor, Olusegun Mimiko are already opening discussions with certain leaders of the All Progressives Congress (APC), following the court pronouncement which stripped their anointed candidate of the Peoples Democratic Party (PDP) for the November 26 governorship election.

According to Daily Sun, Gov. Mimiko is contemplating a deal that would ensure that he pulled the string to ensure victory for the APC candidate, Rotimi Akeredolu, while his role would ultimately be acknowledged and rewarded by leadership of the APC.

The source, who revealed that Mimiko’s meeting with President Muhammadu Buhari was actually facilitated by a former South-West governor and minister in Buhari’s cabinet, further disclosed that in the event that Jegede could not retrieve the ticket at the Court of Appeal, the outgoing governor would ask his  supporters to line behind Akeredolu, the APC candidate.

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But Governor Mimiko has since denied the purported deal with APC. Mimiko, who spoke with Daily Sun through his media aide, Eni Akinsola, said there was no reason for him to dump Jegede for candidate of a rival party, Akeredolu.

The Court of Appeal will tomorrow sit on the appeal filed by Eyitayo Jegede whose name as the PDP standard bearer for the governorship election was removed by  the Independent National Electoral Commission (INEC) and substituted with Jimoh Ibrahim.

The former Attorney General of Ondo State had emerged as the party’s candidate at the primary organised  by the Senator Ahmed Makarfi-led faction while Ibrahim picked the ticket at a parallel primary organised  by the Senator Ali Modu-Sheriff leadership held in Ibadan, oyo State.

The electoral body had last Thursday deleted Jegede’s name from its list of eligible candidates for the election fixed for November  26, in compliance with the ruling of Justice Okon Abang of the Federal High Court, Abuja.

While ruling on an application filed by the factional chairman and secretary of the PDP in Ondo State, Prince Biyi Poroye and Ademola A. Genty,  Abang ordered INEC to “accept and process for the purpose of its functions and activities in the organisation and conduct of the Ondo State governorship election only the nomination of Ibrahim, who emerged from the primary election conducted by the 1st and 2nd plaintiffs/applicants, as candidate of the second defendant (PDP) in the Ondo governorship election.”

He also ordered INEC to “reject and jettison any other nomination submitted to it by any other person(s) apart from the first and second plaintiffs/applicants, indicating that no other person, apart from Ibrahim, is the candidate of the 2nd defendant for the governorship election.”

Meanwhile, a gale of defection has hit the state chapter of the party. Daily Sun gathered that certain chieftains of the party who have decided to dump the party would be received by the national leadership of the APC, billed to storm Akure on Thursday, for the official flag off of the campaign.

Among those expected to defect are former governorship aspirant and former director general of the National Sports Commission,  Gbenga Elegbeleye; former member of the state House of Assembly,  Thompson Otito Atikase and a former lawmaker, Afolabi Iwalewa.

Elegbeleye and Atikase in separate telephone interviews confirmed the development. Atikase said he was not comfortable with the development in the PDP and accused the outgoing state governor of running the party aground.

‘’I am a practical politician, I don’t deceive myself. Mimiko has destroyed this party because of Jegede and there is no way we can win the election. So, there is no point staying back. I am going to declare officially for APC on Thursday,” he said.

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EXPOSED: How Lawyers Got 'Backdoor' Court Victory For Jimoh Ibrahim

Punch Newspaper - The Ahmed Makarfi-led Caretaker Committee of the Peoples Democratic Party has picked holes in the orders of the Federal High Court recognising  Jimoh Ibrahim as the party’s governorship candidate ahead of the November 26 election in Ondo State.

The Makarfi faction, in a counter-affidavit filed before the Abuja Division of the Court of Appeal, on Saturday, also faulted the roles played by lawyers engaged by the rival leadership faction of the PDP led by Ali Modu Sheriff in obtaining the court orders.

The caretaker committee faction filed the counter-affidavit in response to an objection filed by the Sheriff faction of the PDP, asking the Court of Appeal to discontinue the appeal commenced by the Makarfi’s rival faction against the order of the Federal High Court.

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A special panel of the Court of Appeal sitting in Abuja, led by Justice Jumai Sankey, was set up to deal with the cases that emanated from the orders made by Justice Okon Abang of the Federal High Court in Abuja on October 14, which  recognised Ibrahim as the authentic governorship candidate of the PDP in Ondo State.

The Makarfi faction of the PDP and others, including Jegede, have since filed about eight different cases primarily seeking leave to appeal against the Federal High Court orders.

They needed to first obtain the leave because they were not parties to the suit which Justice Abang made the orders.

They also need another leave to file their appeals because they failed to do so within 90 days of the delivery of the June 29 judgment of the Federal High Court.

Three of the cases have so far been withdrawn, leaving five pending.

But the Sheriff faction , on October 27, filed an objection to the cases filed by the Makarfi faction in the appeal numbered CA/A/551/2016, on the grounds that the Makarfi group did not receive the authority of the party to commence the legal action at the Court of Appeal.

In its response contained in the counter-affidavit filed against Sheriff’s faction’s objection to the appeal, the Makarfi camp  stated that the lawyers engaged by Sheriff deliberately hid the suit before the Federal High Court from legitimate authorities of the parties and went ahead to act as both the plaintiffs’ and respondents’ lawyers in the case.

The Makarfi faction also stated that the lawyers engaged by the Sheriff’s faction did not have the authority of the party to challenge the appeal.

Out of the eight cases originally filed in respect of the Ondo State PDP matters , only five of the cases filed by Jegede, PDP and Makarfi are left pending.

 The appeal panel fixed Monday, Tuesday and Wednesday (of this week) for further hearing in the cases.

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