Ibekimi Oriamaja Reports
On Friday, the Court of Appeal in Abuja overturned a Federal High Court decision in favor of Oladipupo Adebutu, a factional governorship candidate of the Peoples Democratic Party, PDP, in Ogun State.
The appellate court, in a unanimous decision by a three-judge panel, ordered a re-hearing of the suit filed by an aggrieved party aspirant, Jimi Adebisi Lawal.
It ruled that Justice Taiwo Taiwo of the Federal High Court in Abuja erred in declining jurisdiction to hear Lawal’s case.
Lawal had petitioned the Supreme Court to overturn the delegates list used in the governorship primary election PDP held in the state on May 25, 2022.
He contended that the list was not in tandem with names of delegates he said were democratically elected at the ward congresses.
Meanwhile, in its judgement that was read on Friday by Justice Biobele Georgewill, the Court of Appeal held that what Lawal raised in his suit was a pre-election matter which it said the Federal High Court has the requisite jurisdiction to entertain.
Consequently, the appellate court made an order, remitting the casefile back to the Chief Judge of the Federal High Court for the matter to be heard on its merit.
The appellate court also noted that because the case was a pre-election matter, the statutory 180-day hearing period had not yet expired.
As a result, it ordered that the case be re-assigned to another high court judge for a new hearing.
Justices M. Mustapha and Danlami Senchi were also on the appellate court panel that agreed with the lead decision.
