Court reserves ruling on PDP’s application on gubernatorial candidate
Justice Okon Abang of the Federal High Court, Abuja, yesterday reserved ruling till October 26 and 27, on three separate applications by the Ahmed Makarfi faction of the Peoples Democratic Party (PDP).
In the application, including the one that was freshly filed by its governorship candidate, Eyitayo Jegede, the PDP is seeking to be joined in an earlier suit on the party’s nominee.
Jegede also sought to appeal against the ruling on a suit filed by Biyi Foroye against his candidacy.The other applications are seeking a stay of execution against last week’s judgment that pronounced Jimoh Ibrahim of the Ali Modu- Sheriff’s faction as the party’s candidate.
The judge also declared the Ahmed Makarfi-led national caretaker committee of the party as illegal.However, Justice Abang granted leave to Jegede to rely on the affidavit earlier filed in support of his motion to join as an interested party and to appeal the decision of the Federal High Court, which recognised the Sheriff-led faction of the party.
In the ruling, Abang over-ruled the opposition of counsel to the respondents, which sought to be joined as interested party in appeal. Earlier, counsel to the first and second respondents, Alex Izinyon, argued that allowing the applicant to be joined on the basis of a sworn affidavit was not proper.
He added that where an applicant is seeking leave to appeal as an interested party, the applicant must have shown it in the record of proceedings and not on a sworn-affidavit.
He argued: “It is the PDP that has the right to be joined in the June 29 judgment and not Jegede.”But the PDP’s counsel, Godswill Mrakpo, countered the argument, stating that the party aligned itself with the submissions of Izinyon.
According to him, Sub-section 24 3A, which provides for the person who has no interest in a matter, stated that he has no right to appeal a judgment.