Attempts yesterday by Jimoh Ibrahim and Modu Sherrif to retrieve the Peoples Democratic Party (PDP) governorship ticket for Ondo State election scheduled for tomorrow flopped as the Supreme Court struck out 14 separate motions challenging the Court of Appeal ruling.
The motions were filed two weeks ago following the ruling of the Court of Appeal delivered on November 10,which gave Eyitayo Jegede, Senators Ahmed Makarfi and Ben Obi permission to appeal the judgment of the Federal High Court.
At the hearing yesterday, Beluolisa Nwofor (SAN), counsel to Jimoh Ibrahim informed the court that he was ready to move the motions challenging the leave granted Eyitayo Jegede. The motion, he submitted relates to Ondo State governorship election. He added that if the motion was not heard it will lead to an “irreparable injustice”.
However, Paul Erokoro (SAN), counsel to the Peoples Democratic Party (PDP) withdrew the two motions filed by his client in view of Wednesday’s judgment of the Court of Appeal.
In his reaction, Wole Olanipekun (SAN), counsel for Eyitayo Jegede said the motions have become academic and overtaken by event.
In a brief ruling, Acting Chief Justice of Nigeria, Justice Walter Onnoghen said that “the motions have been overtaken by event as the parties have the right to appeal the judgment of the Court of Appeal delivered on Wednesday.”
“The decision has rendered the interlocutory appeals academic motion as appellants have the right to appeal against the substantive appeal,” he ruled.
Justice Onnoghen also noted that it will be better for the 14 motions to be embedded in the main appeal against the judgment of the Appeal Court if they are not satisfied.
The apex court said that there was no point hearing the motions in piece meal when final judgement has been handed down by the appellate court.
The Court of Appeal had two weeks ago granted permission to Jegede to appeal against the ruling of Justice Okon Abang delivered on October 14 in which the judge ordered the INEC to accept the name of Jimoh Ibrahim as PDP candidate for tomorrow’s Ondo state governorship election.
The Appeal Court had also granted similar permission to the Senator Ahmed makarfi led Caretaker Committee to challenge the Federal High Court judgment that the faction has no locus standing to appoint a lawyer to represent PDP in the suit filed by Prince Biyi Poroye and others against PDP.
Reacting to the ruling, counsel to the Ali Modu Sheriff faction, Mr. Beluolisa Nwofor, said that his client will abide by the Supreme Court’s decision being the highest in the land.
He said the issues raised by his client were not determined and that the court had asked them to go and challenge the Appeal Court’s decision.
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