Update On Ondo Guber: Appeal Court Faults Abang, Declares Eyitayo Jegede PDP Candidate

The court of appeal, Abuja division has set aside the order of Justice Okoon Abang of a Federal High Court, Abuja, recognising Barrister Jimoh Ibrahim as the governorship candidate of the peoples Democratic party for the November 26th, 2016 governorship election in Ondo State.The court said Justice Abang erred in law by candidate of the PDP for the election without listening to Mr. Eyitayo Jegede.While Ibrahim is the candidate of the Ali Modu Sheriff faction of the PDP, Jegede emerged as the candidate of another faction led by Senaotoor Ahmed. Makarfi.The court, presided over by Justice Ibrahim Salauwa said natural justice demands that a party ought to be heard before judgement is passed.Jegede was not a party in the suit where Justice Abang ordered that Mr. Ibrahim should be recognized as candidate.The court was in error by ordering INEC to recognize Jimoh Ibrahim as the candidate of the PDP for the November 26th, 2016 election. The isssue is hereby resolved in favour of the appellant (Jegede). Justice Abang fell into grave error by asking INEC to recognize Jimoh Ibrahim. I have no hesitation in this circumstance in resolving the issue in favour of the appellant (Jegede). The entire proceeding of October 14, which ordered INEC to recognise Jimoh Ibrahim is rendered a nullity for not inviting the other party to address him on the issue before him.The primary election that was conducted by the Jimoh Ibrahim camp is not a primary election because due process was not followed. The 1999 constitution spells out the process that must be followed in conducting primary election and I am conviced that the process was not followed.In the eyes of the law, the primary has no legal backing and it is therefore declared a nullity in its entiretyI find no substance in the preliminary objection filed by Ali Modu Sheriff, Biyi Poroye and others against the appeal filed by Eyitayo Jegede and it is hereby struck-out.The appeal is meritorious and it is hereby allowed.The judgement of the lower court is hereby set aside.
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