PDP crises: Court sacks Oyinlola, appeals judgment

The crisis rocking the Peoples Democratic Party took a new turn on Friday with the sacking of the National Secretary of the party, Prince Olagunsoye Oyinlola, by a Federal High Court, sitting in Abuja.
A businessman, who is of a faction of the Ogun State chapter of the PDP, Buruji Kashamu, had approached the court seeking the sack of Oyinlola, based on the pronouncement of another Federal High Court, sitting in Lagos, that the congress that produced Oyinlola was invalid.
Justice Abdul Kafarati, who delivered Friday’s judgment sacking Oyinlola, said the former Osun State governor was not fit to hold the position of the national secretary following the faulting of the process that threw him up.
Kafarati agreed with the argument of the counsel of the Ogun State Executive Committee of the PDP, Amaechi Nwaiwu, SAN, that with the cancelation of the South West Zonal Congress of the party, there was no basis for the election of Oyinlola.
The suit was filed by the Chairman and Secretary of the Ogun State chapter of the party, Adebayo Dayo and Alhaji Semiu Sodipo.
Kafarati said: “The plaintiffs’ suit was not an abuse of court process, therefore objection on that point is overruled.
“On the whole, the preliminary objection of the third defendant (Oyinlola) lacks merit and is hereby dismissed.
“The plaintiff’s suit is not based on an intra-party dispute.
“Rather, it seeks to enforce the decision of the Lagos Federal High Court.
“It is therefore my opinion that they (plaintiffs) have the locus standi to institute this action.
“I hold that the court has the jurisdiction to determine the plaintiffs’ suit.
“The third defendant is not fit to continue in office as the National Secretary of the second defendant (PDP).
“All of the questions raised by the plaintiffs are determined in their favour.”
But Oyinlola has filed a Notice of Appeal and an application for a stay of execution of the judgement.
He did this shortly after the was delivered.
The grounds of appeal as filed by his counsel, Kunle Kalejaye, SAN are:
(i) The Judgment and or decision is against the weight of evidence.
(ii) The Learned trial erred in Law when he overruled the Preliminary Objection to the jurisdiction of the court and assumed jurisdiction and delivered Judgment when:
(a) The 1st Defendant/Appellant and the 2nd Defendant/Respondent, against whom the principal reliefs are sought, are individual and a political party who are neither Federal Government nor an agency of the Federal Government of Nigeria.
(b) The subject matter of this suit is an intra-party dispute which clearly is not justiciable.
(c) In the circumstances, the Federal High Court and indeed no Court of Law has jurisdiction over the subject matter of the suit.
(iii) The Learned Trial Judge erred in law when the court disregarded the Ruling of the Lagos Division of the Court of Appeal in CA/35/12 delivered in the 25th of June 2012 and held that the entire action does not constitute an abuse of court process.