RE: EKITI COURT OF APPEAL RULING ON SOUTH WEST ZONAL EXCO

RE: EKITI COURT OF APPEAL RULING ON SOUTH WEST ZONAL EXCO

The attention of the authentic South West Zonal Executive under my leadership has been drawn to today’s (Monday, 4th December, 2017) ruling of the Court of Appeal, Ekiti Division and a press statement credited to one Eddy Olafeso who has continued to contemptuously lay claim to the leadership of the party in the zone.

First, it should be made abundantly clear that the order for a stay of execution relates to the orders and rulings in Suit No. FHC/AD/CS/18/2017.

Let all our notable leaders, elders and supporters, it does not in any way detract from the implications of the orders and judgment of the court in Suit No. FHC/L/CS/605/2016 which specifically nullified the sham congress from which Olafeso claimed to have emerged and then went ahead to confirm my four years tenure as expiring in October 2018 having been elected in October 2014.

I wish to state that in spite of the inexplicable decision of the Court of Appeal, Ado-Ekiti Division, to make an order even when there was no evidence that we (the defendants) had been served and had no legal representation in court, my Exco remains strong and undaunted.

Even our former lawyers who handled the matter at the trial court said they were served at about 4pm on Thursday, the 30th of November, 2017 and parties were summoned to appear in court on Monday, the 4th of December, 2017. It is a matter of public knowledge that the 1st of December, 2017, is a public holiday in Nigeria, while the 2nd and 3rd of December, 2017, are non-working days, being Saturday and Sunday respectively. The implication of this travesty of justice was that we were unable to brief a lawyer to file any response to the two motions before they came up today and an order for stay of execution of the orders of the trial court was granted. Clearly, this violates our right to fair hearing.

It was on the basis of this that in addition to the letter I had written to the Presiding Justice of the Court of Appeal, Ekiti Division and copied to the President of the Court of Appeal (PCA) and the Chief Justice of the Federation (CJN), I was personally in court to plead with the justices to give us an adjournment of a day or two for our new counsel to respond to the motions filed before the court.

But, the court in its wisdom brushed aside my plea and went ahead to grant the stay of execution without affording us the benefit of a legal representation and fair hearing.

Although my confidence in the judiciary as the hope of the common man is unwavering, I cannot say the same thing of the panel sitting over this matter. The haste with which it has handled this matter against the principles of justice and fair hearing, the panel seems to have descended into the arena of partisan politics.

It will be recalled that the Federal High Court had ordered the Olafeso faction to stop parading itself as executive members of the party in the South-West.

The order of the Ado-Ekiti Division of the Federal High Court was based on the fact that the Lagos Division of the court had in17th of May, 2016, the congress that produced the Olafeso group having been held in violation of subsisting orders of the court.

The court had also held that the four years tenure of the Ogundipe-led zonal exco expires in 2018 having been elected in October 2014.

In a ruling delivered in Suit No. FHC/L/CS/605/2016 on the 17th of May, 2016, the court held “That an order is granted nullifying the South West congress conducted on the 14th of May, 2016 in Akure, which was so conducted in defiance of the order of this court made in this action on the 11th of May 2016 restraining the 2nd, 3rd and 4thDefendants from conducting or permitting or recognizing any election into the offices of the South West Zonal Executive Committee pending the hearing and determination of the Originating Summons…Everything built on actions in defiance of a court order is a nullity.”

Furthermore, in a final judgment delivered on the 24th of June, 2016, the court categorically stated, “That an order is granted to the Plaintiff restraining the 2nd, 3rd and 4thDefendants from conducting or permitting or recognizing any election into the offices of the South West Zonal Executive Committee until October, 2018, when the four years term of the current officers, including the Plaintiff would have been spent.

“That an order is granted to the Plaintiff directing the 1st Defendant not to recognize any other persons apart from the current officers of the South West Zonal Executive Committee of the Peoples Democratic Party as set out in the result sheet for Zonal Congress for election of Zonal Executive members dated the 11th of October, 2014 until their four year term expires in October, 2018.”

I understand that the amateurs are misconstruing the Supreme Court judgment. It is a matter of public knowledge that the Olafeso group never had any case before the Supreme Court that they could benefit from.

Chapter 1 (General Provision) Sections 1, 2, & 3 of the Constitution of the Federal Republic of Nigeria states that, “(a) The Fed. Republic of Nigeria shall not be governed nor shall any person or group of persons take control of the Government of Nigeria.  (b) If any other law (PDP convention/decision) is inconsistent with the provision of this Constitution (the court decision), this Constitution shall prevail. In essence, the court decision in favor of the Ogun State PDP executive stand.

In the light of the above, I wish to appeal to all our supporters to remain calm; for, as light triumphs over darkness, the truth will soon catch up with their lies sooner than later.

 Signed

Chief Makanjuola Ogundipe

National Vice-Chairman, PDP, South West