Tuesday, 8 February 2011

Ogun PDP: How Obasanjo’s faction deceived court to stop INEC - Source: Nigeria sunnewspaper

As the tug of war between Governor Gbenga Daniel of Ogun State and former president Olusegun Obasanjo continues, a Federal High Court was on Tuesday told how a faction of the state chapter of the ruling Peoples Democratic Party (PDP) loyal to the former president fraudulently obtained the order barring the Independent National Electoral Commission (INEC) from recognizing the governor’s list containing names of candidates for the April general elections.

It would be recalled that the court presided by Justice Abdu Kafarati had on January 26, 2011 granted an order of interlocutory injunction restraining INEC from accepting the list of candidates who emerged from the party primary conducted by a party loyal to the governor.

The plaintiffs who secured the order were Chief Adetunji Olurin, Babatunde Fadun, Dave Salako, Mr. Wale Solaja and Seun Adesanya who were said to be loyal to Obasanjo. But at the resumed hearing of the matter yesterday, the PDP said the court was deceived into granting the order as counsel in the matter misrepresented the facts of the case and thereby misleading the court to issue the order.

Counsel to the PDP, Chief Lateef Fagbemi (SAN) who moved a motion seeking to vacate the said order on the grounds that it was granted without jurisdiction.
In addition, he told the court that its order was made on the basis of concealed material facts and misrepresenting of facts by the plaintiffs.
The court had restrained the INEC and the PDP from accepting the list of candidates sent by the dissolved Ogun State Executive Committee led by Chief Joju Fadairo.
The court acted upon a motion on notice filed by Chief Adetunji Olurin, Babatunde Fadun, Dave Salako, Mr. Wale Solaja and Seun Adesanya.The document was supported by a 53-paragraph affidavit sworn to by Wale Solaja and moved by Mr. O. O. Fakunle (SAN).
Justice Abdul Kafarati had specifically ordered, “That the first (INEC) and second (PDP) respondents are restrained from accepting, compiling, announcing, using, validating or otherwise acting upon the results of the primaries/congresses conducted in Ogun State pending the hearing of the originating summons.
“That the (INEC) and (PDP are restrained from announcing or making any pronouncement validating the result of the primaries/congresses conducted in Ogun State by the dissolved Ogun State Executive Committee of the second respondent pending the hearing of the originating summons.

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