In a Federal high court sitting in Osogbo on the 18th of May 2022, following the court action brought about by Prince Dotun Babayemi an aggrieved aspirant on the platform of the PDP from the parallel primary elections conducted at the Osogbo township stadium and Wocdif, the candidacy of Senator Ademola Adeleke was upheld, Amiloaded reports.
In a statement by the counsel to the third defendant, Senator Ademola Adeleke, Barrister Oluwole Jimi-Bada said the court lacks justification. It is an internal affair of the party and he, the plaintiff has no legal standing to win such an election.
“It is actually a victory for the democracy of this country because looking at the nature of the action that was brought, I wondered why someone would bring such an action because it was first predicated on a certain judgement of Osun State High Court which actually held that a certain preservative order of Fálọlá J of the 9th of November 2020 was valid even though the Court of Appeal had set it aside since the 5th of March 2021 but the Federal High Court of Osogbo rightly held that same preservative order was accordingly set aside because the court of appeal allowed the appeal and resolved all the issue in favour of the appellant in that appeal when we exhibited it before the court this morning and set aside the decision of Fálọlá J as the interim order that was earlier granted.”
“So, coming before any court to enforce a dead order, I think it’s even an abuse of process of court.”
The federal high court, Osogbo rightly upheld the camdidacy of Senator Ademola Adeleke as the flagbearer of the first defendant, PDP in the forthcoming July 16 2022 governorship election.
One of the counsels to the first defendant, PDP, Barrister Hashim Akíntúndé Abioye said it was a masterpiece and a welcome development.
“You’ll see that his Lordship ruled to term in terms of judicial decisions of superior court- the supreme court and the court of appeal and the settled position of the law is that anything that has to do with the internal affair of a political party is not justifiable before any court of law and if there’s an insistence of any action in court with respect to the conduct of primary election of a political party, it is only an aspirant who physically participated at the said primary election that can raise a finger of complaint. That is the settled position of the law. The court decided that Prince Dotun Babayemi, a member of the PDP, an aspirant on the platform of the PDP failed to participate at the duly conducted primary election of the PDP which was held at Osogbo township stadium on the 8th of March 2022, rather, he went to another primary election conducted by someone who called himself an acting state chairman of the party and such primary election can not be cognizable under the law.”
“It is only the national leadership of the party that can conduct congresses of a political party to nominate a candidate. So, on the basis of all that, the court held that it’s like building a structure on a collapsed foundation and it can not stand.”
The plaintiff, Prince Dotun Babayemi said the Judgement would be made available in 24hours.
” We have heard the ruling in court that judgement would be made available within the next 24hours. I am to say that this is purely a family affair. We would review it not just with our lawyers but with our people. At the end of the day, the most important thing is for justice to be done for PDP to be positioned in a way that it can rescue the state.”
“This court is a court of record but it is a court of first instance. I want to assure the people of Osun that whatever next steps we are going to take is going to be taken in the best interest of our party and our people.”
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