PDP Crisis: Appeal Court Dismisses Oyinlola’s Suit

Prince Olagunsoye Oyinlola

By: Davidson Iriekpen and Chuks Okocha

              

The Court of Appeal sitting in Lagos Friday dismissed an appeal filed by the former National Secretary and National Auditor of the Peoples Democratic Party, Prince Olagunsoye Oyinlola and Chief Bode Mustapha respectively, aimed at sustaining the appeal against their removal.

Oyinlola and Mustapha had filed a Motion on Notice at the appellate court challenging the Notice of Withdrawal from the appeal filed by the party. PDP’s Lawyer, Chief Joe Gadzama had filed a withdrawal of the appeal stating that the party had no interest any longer in the suit.

Oyinlola and Mustapha asked the Court of Appeal to strike out the Notice of Withdrawal because their consent was not sought before it (the Notice of Withdrawal) was filed.

Delivering its judgment, the three-man panel, headed by Hon. Justice M.B Dongban-Mensen, held that “Upon the filing of the Notice of Withdrawal, dated 31st January, 2013, the appeal is deemed dismissed.”

The court further held that from the facts before it, “the appellants/applicants (Oyinlola and Mustapha) are under the control of the PDP, hence, they cannot turn around to distance themselves from the actions taken by the party in respect of the appeal.”

It also awarded a N30, 000 cost of litigation against Oyinlola and Mustapha.

The PDP had earlier appealed against the judgment of Justice Charles Archibong of the Federal High Court delivered on May 2, last year.

The judgment of the lower court, which was challenged at the appellate court, was in respect of a suit filed on behalf of the Ogun State Executive Committee of the PDP by Adebayo Dayo and Semiu Sodipo against the PDP and three others.

The court had nullified the Southwest Zonal Congress of the PDP, ordered the removal of Oyinlola and Mustapha among others.

The PDP later filed a Notice of Withdrawal from the appeal through its counsel, Joe-Kyari Gadzama (SAN).

But Oyinlola and Mustapha opposed the move and filed a Motion on Notice, asking the Court of Appeal to strike out the Notice of Withdrawal because their consent was not sought before it (the Notice of Withdrawal) was filed.

Also affected by the Court of Appeal decision was the comeback bid of the former Ekiti State governor, Olusegun Oni as the National Vice- Chairman of the PDP in the Southwest.

Reacting to the ruling, the sacked national auditor, Mustapha told THISDAY: “The Justices of the Court of Appeal did not consider the merit or otherwise of the suit. Why was the appeal withdrawn in the first instance; does it mean that the appeal has no merit? By the ruling of the court, it means that the former president Obasanjo and his political associates are not wanted in the PDP.”