The status of Omo Oba Dotun Babayemi as the authentic and the legally recognized gubernatorial candidate of the Osun State Peoples Democratic Party (PDP) that would fly the flag of the party come July 16 governorship election, remains intact, Barrister Edmund Biriomoni has explained.
This is sequel to the striking out of an application brought before the Federal Court of Appeal,Akure,by Barrister Hashim Abioye, seeking to invalidate/set aside an Order of Mandatory Interim Injunction granted Ademola Adedokun and 29 others against the PDP and INEC on the issue of Ward Executive Officers’ congress of the party conducted last year under the then party chairman.
Speaking to this effect with newsmen at the weekend, Biriomoni who is the Counsel to the plaintiffs,explained that Ademola Adeleke has lost out again in his bid to take away the party governorship ticket from Babayemi, through the back door.
“You will recall that an Osun State High Court sitting in Ijebu-Jesa presided over by Justice Adeyinka Aderibigbe,had on the 3rd of March,this year, recognized the 215 elected Ward Executive Officers as the authentic delegates.On the 10th of March again,the Court granted an extension of the 3rd of March,2022, Order for another 7 days and through an Order of Mandatory Interim Injunction, further declared the congress which produced Omo Oba Dotun Babayemi as the party gubernatorial candidate as legally recognized” averred the Counsel to the plaintiffs.
“When the Adelekes through their lawyer met a brick wall at the State High Court at Ijebu-Jesa,they ran to Federal Court of Appeal, Akure, seeking to set aside the interim orders but they failed as the Appeal Court struck out their application. So this means that as long as those orders of Osun State High Court subsist they remain valid and binding on all parties until it is set aside. So in a nutshell, the legal implications is that Omooba Dotun Babayemi remains the authentic gubernatorial candidate of the PDP that would go to the polls on July 16” he added
“Seriously, most times I laugh at these people because I feel that it’s either they’re completely ignorant of the position of law or they’re deliberately misinforming their followers just to goad them on for the reasons best known to them. All I know is that the Court of Appeal’s position on this matter is clear and not shrouded in ambiguity” Biriomoni maintained
He further stated that “It is elementary that Interim Orders last for 7 days subject to application for extension for additional 7 days as provided by the rules of court,pending the hearing and determination of the Motion on Notice. That,as at the 16th of March,2022, when the court stayed proceedings and adjourned sine die, the 3rd of March,2022, Interim Order that was extended on the 10th March,2022, for another 7 days and the 10th of March,2022, interim orders, were still subsisting, valid and binding. What was the status quo when the court adjourned sine die in HIJ/6/2022? It means time does not run during the period when the court is in comatose and in a state of proceedings hibernation”
He then commended the position of the Appeal Court on the case, assuring that the course of law is laying the right path for democracy to be firmly footed in the country.
THE SUPREME COURT OWES THE FINAL SAY ON PDP GOVERNORSHIP CANDIDATURE