Lukman Olabiyi

Justice Chukwujekwu Aneke of the Federal High Court, Lagos, on Monday, withdrew from further hearing of suit involving two factions of the Peoples Democratic Party (PDP), in Ogun State

The suit marked FHC/L/CS/1581/2018, filed by Chief Ajibola Oluyede which has Prince Segun Seriki, Chief Mrs Tuke Omotara, Hon. Nosiru Isiaka Giwa, Chief Remi Bakare,, Apostle Abiodun Sanyaolu, Chief Kola Soriola and Chief Oyede Elijah, as plaintiffs and Independent National Electoral Commission (INEC), Peoples Democratic Party (PDP), Prince Uche Secondus, the PDP national chairman, Sen. Ibrahim Tsauri, National Secretary of the party, Elder Yemi Akinwonmi, Sikirulai Ogundele, Bode Bankole, Waliu Oladipupo and Tunde Alekuwodo as Defendants.

The Plaintiffs in their originating summon sought for an order that the fifth defendant, Elder Akiinwonmi be replaced with the first plaintiff, as the party’s National Deputy Chairman.

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They also asked the court order the national body of the party to only recognised Chief Adebayo Dayo-led faction of the party as the authentic exco of the party in Ogun State.

But the defendants in their preliminary objection filed by their lawyers who includes, Emeka Etiaba (SAN), Emeka Okpoko (SAN), Edward Ayo-Adegbesan and Kayode  Akinsola, urged the court to dismiss the Plaintiffs’ suit  for been incompetent and abuse of court processes.

In urging that the suit be dismissed, the defendants said the plaintiffs failed to comply with the Provision contained in Section 60 of their party’s constitution.

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However, at the hearing of the matter, on Monday, after Justice Aneke had ruled in favour of the plaintiffs to hear the matter, lawyers to the defendants, told the him to withdraw himself from the suit, haven ruled on the preliminary objection filed against the suit which has not been moved.

In his response, lawyer to the plaintiffs, Oluyede, urged the judge to discountenance the withdrawal of the judge from the matter as canvassed by the defendants’ lawyers.

Oluyede said, “I can’t sit down here as a senior member of the Bar and see the court been discrete.

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“The politicians are at it again, and they are not worth fight for, we should avoid the politicians using us to fight ourselves at that court.

“I ask the court to discountenance the application particularly by Etiaba (SAN), asking my Lord to rescue himself of this matter. I plead with my Lord not to hold this against any of the parties. I urge the court to proceed with this matter.”

In his ruling, Justice Aneke while withdrawing from the matter ruled, ” I have noticed the defendants’ attitude on this matter since first  day and the attitudes were appalling, the interest of the court is to be even handled it but since the defendants have shown discomfort about my proceedings to the matter I hereby rescue myself.

“The case file shall be remitted to the CJ for reassignment”.