The Ogun State chapter of Peoples Democratic Party (PDP) appears close to resolving its crisis following the judgment of the Court of Appeal sitting in Ibadan, Oyo State on Monday, where Justice Nimpar Yargata, reinstated Honourable Oladipupo Adebutu and others as candidates of the party for the 2023 general elections.

In another milestone victory yesterday, December 1 2022, Justice Inyang Ekwo of the Federal High Court, Abuja, in a judgment affirmed the nomination of Adebutu as the lawful candidate of the PDP in next year’s governorship election in Ogun State.

Justice Ekwo, in affirming the nomination of Adebutu by his party, held that the plaintiff, Mr Jimi Lawal, failed to prove that the PDP breached its own laws in the selection of candidate for the March 11, 2023 governorship poll.

According to the judge, Lawal failed to provide reliable and credible evidence to support his case of electoral malpractice. Justice Ekwo accordingly dismissed the suit for being incompetent and lacking in merit.

The Ogun PDP suffered a setback when the Independent National Electoral Commission (INEC) in its final list of candidates for the 2023 general elections delisted all candidates of the party based on the judgment of a Federal High Court sitting in Abeokuta Ogun State, which cancelled the primaries conducted by the party in May 2022 that produced Adebutu as the governorship candidate and other flag bearers.

Following the cancellation and the decision of INEC, Mr Lawal, one of the aggrieved governorship aspirants, who recruited support of a faction of the State’s executive, organised rerun primaries where he (Lawal) emerged as governorship candidate. The party quickly suspended Lawal and those who participated in the rerun primaries, claiming that the party does not empower state executive to organise governorship primary elections.

The party also appealed the judgment of the Federal High Court, Abeokuta. In the case that was decided in the Court of Appeal sitting in Ibadan, Adebutu was declared as the validly elected governorship candidate of the PDP in Ogun State. The court also reinstated the three senatorial candidates, nine House of Representatives and 26 House of Assembly candidates, who all emerged from the primaries of the party conducted by the National Working Committee (NWC) and monitored by INEC.

Justice Yargata in the judgment said the trial court fell into error by nullifying the primaries, which produced Adebutu, having been conducted by the NWC of the party.

Yargata also said Taiwo Olabode Idris and others, who instituted the case at the lower court were not aspirants of the party and consequently had no locus to challenge the outcome of the primaries.

She said the court’s decision in APC versus Umar, which the respondents relied heavily upon in their submissions before the court had been overtaken by current provision in the Electoral Act 2022, which says only aspirants can query the outcome of primaries elections.

The Judge declared that only the NWC of the party and not the State Working Committee has the power to conduct primaries as spelt out in Section 221 of the 1999 Constitution.

The Judge pointed out a contradiction in the respondents’ relief of a declaration to pronounce Mr Jimi Lawal as the gubernatorial candidate, saying those who filed the initial suit had no stand in law to so do as the issue of primary was not a human rights matter.

She said the trial court “went on a frolic on its own” by voiding the primaries of Adebutu, describing Adebutu’s appeal as meritorious. After resolving all issues in favour of Adebutu and allowing his appeal, Justice Yargata set aside the judgment of the Federal High Court and all the orders made therein.

In three earlier and similar judgments of the same court in the appeals by the PDP and the cross appeals by the respondents in the suit filed at the lower court by Prince Segun Seriki against the PDP, Justice Folasade Ojo had described the parallel primaries (conducted by Seriki and others), which purportedly produced any other gubernatorial candidate other than Adebutu and other candidates as “an unlawful gathering.”

On issue of the lower court granting reliefs not sought by the plaintiffs in the original suit, Justice Ojo cautioned that the court should allow itself to aid illegality, adding that Justice Oguntoyinbo “descended into the arena” by ordering fresh primaries in the party within 14 days.

With all the five appeals that emanated from the judgment of September 27 having been resolved in favour of Adebutu and PDP, the court has cleared the way for him and others as validly elected candidates.

Speaking on the decisions of the Appellate Court, one of the counsel for the appellant, Muyiwa Obanewa, described the various judgments as well considered, saying the coast is now clear for Adebutu and others to continue their campaign for elections.

BUT in a swift reaction, Lawal rejected the verdict of the Appellate Court as he vowed to appeal the verdict. Project Director of the Jimi Adebisi Lawal Campaign Organisation (JALCO), Mr. Austin Oniyokor, said his boss would exercise his right of appeal to the Supreme Court.

In a reaction made available to The Guardian, Oniyokor said: “We received news of the decisions of the Court of Appeal sitting in Ibadan in respect of CA/IB/411/2022 and CA/IB/411A/2022. Although the outcomes went against our wish, we are comforted by the fact that our judicial process allows for appeal up to the Supreme Court and we do intend to exercise our right of appeal.”

He recalled that Adebutu and PDP also appealed to the Supreme Court when we won at the Court of Appeal in Abuja on the 30th of September, 2022, culminating in the judgment given in their favour by the Supreme Court on the 21st of November, 2022.

“Flowing from the above, our legal team has taken steps to file Notice of Appeal. While we go through the final phase of the legal process, we wish to urge our faithful delegates, party members, supporters, leaders and elders to remain resolute and steadfast, knowing full well that this struggle is not a sprint but a marathon. Let us keep the faith and our eyes on the ball in spite this momentary distraction. It is not over until we win,” he said.

MEANWHILE, immediate past state chairman of Ogun PDP, Adebayo Dayo told The Guardian that all is not settled yet for Ogun PDP ahead of the 2023 elections especially the governorship race.

According to him, “For other candidates the Court of Appeal sitting in Ibadan judgment has resolved their matters since it said those who approached the Federal High Court sitting in Abeokuta are not aspirants and therefore have no locus standi to do such based on the New Electoral Law 2022.

“However, since Lawal, who is a governorship aspirant is insisting on going to Supreme Court to challenge the judgment of the Appellate Court, that is another problem. I am saying this in view of the fact that the new Electoral Law 2022 gives a time frame for all legal procedures or litigation in primary elections to end. Ogun PDP is now at the mercy of the court to accelerate the judgment else we may run against time and not be able to present a candidate for the governorship election next year.”

Dayo expressed concern that despite the fact that PDP has a big opportunity to take over Ogun in 2023, “it is only when the stakeholders consider the interest of the people of Ogun and the party first that we would achieve this. The ongoing crisis is placing us in a very precarious position.”

But Sikirulahi Ogundele, the incumbent state chairman said the party has got to a situation where it might have to appeal to Lawal and appease him, particularly “if we must have an headway.”

According to him: “We are putting everything in place to approach Lawal for out of court settlement. Although we stood by the truth and the decision of the Ibadan Appellate Court vindicated us, that is not what we need now other than to find a means of resolving the crisis out of the courts.”