The Ogun State chapter of the Peoples Democratic Party (PDP) has appealed yesterday’s decision by the Court of Appeal, Abuja, voiding the earlier sack of former Osun State Governor Olagunsoye Oyinlola as the party’s national secretary.
The party is urging the Supreme Court to sustain Oyinlola’s sack by reversing the judgment of the Court of Appeal on the ground that the appellate court erred in its decision.
It has also prayed the apex court to stay execution of the Court of Appeal judgment, pending the determination of its appeal.
In a notice of appeal, the party raised four grounds of appeal. It argued that the appellate court erred in law when it overturned the January 11 judgment of the Federal High Court, Abuja, sacking Oyinlola.
The appellate court held, among others, that the order which the Ogun PDP sought to be enforced in the order, was made in breach of the 1st defendant’s (Oyinlola’s) right to fair hearing because he was not a party to that action in which the order was made.
In the appeal filed for the party by Adebayo Dayo and Semiu Sodipo (state’s chairman and secretary), the apellant argued that the Court of Apeal failed, in its judgment yesterday, to realise that it lacked the jurisdiction to invalidate/nullify the order made by Justice Abdulkadir Abdulkafarati in Suit No. FHC/L/CS/282/2012 “when there was no appeal against that order before it”.
The appellant argued that, in reaching its decision, the appellate court went on a voyage of discovery because there was no appeal or valid complaint against that order before it in the appeal.
The Ogun PDP argued that the order made by Justice Abdulkafarati of the Federal High Court was made within the disciplinary jurisdiction of the court to restore its ability to deal with the substantive issues raised in the case.
The order, it said, was also meant as a punishment for breach of its interlocutory order by respondents in the case, and in that context, was a final order in respect of which Oyinlola could have appealed as an interested party (even though not a party to the action) since the order tangentially affected his interests as a nominee of the invalid Southwest congress that was nullified by that order.
“The Court of Appeal (Abuja Division) went beyond the remit of its powers under the Constitution and the Court of Appeal Act when it decided to sit on appeal over the order made in Suit No. FHC/L/CS/282/2012 when the appeal filed against the said order had been withdrawn and struck out by the Lagos Division of the court,” the appellant argued.
The appellant also contend that the appellate court misdirected itself on the facts when it found that there were other cases filed to enforce the order made in Suit No. FHC/L/CS/282/2012 and that this rendered the current action to enforce the said order an abuse of process.
It stated that the court’s finding was contrary to the evidence on the record before it and could only have been a product of speculation.
The Ogun PDP also faulted the appellate court on the ground that it erred in law when it held that the suit was an abuse of process. It argued there was no evidence before the court that there were other actions brought between the same parties.
The appellant argued that the lower court erred in law when it found that Oyinlola had filed an application for stay of the order (made in Suit No. FHC/L/CS/282/2013) at Court of Appeal Lagos Division when the suit to enforce the said order was filed and prosecuted.
It argued that the decision of the appellate court on that issue was “a perverse finding of fact as it was based on no evidence and was in fact contrary to the evidence admitted by the 1st defendant (Oyinlola) in the record before the Court of Appeal.