From Godwin Tsa, Abuja
The Abuja division of the Court of Appeal has set aside the judgment of the Federal High Court given in favour of a factional governorship candidate of the Peoples Democratic Party (PDP) in Ogun State, Oladipupo Adebutu.
In a judgment on Friday, a three-member panel of the court held that the trial Judge, Justice Taiwo Taiwo of the Federal High Court, Abuja (now retired), was wrong to have declined jurisdiction to entertain a suit by Jimi Adebisi Lawal.
Lawal is by his suit, challenging the PDP’s utilisation of a delegates’ list, in the conduct of the governorship primary election on May 25, 2022 as against the list of delegates, who were democratically elected for that purpose at the ward congresses.
Delivering the lead judgment of the Court of Appeal on Friday, Justice Biobele Georgewill held that the issue in the case is pre-election related, over which the Federal High Court has jurisdiction.
Justice Georgewill proceeded to make an order remitting the case to the Chief Judge of the Federal High Court for the hearing of the case on the merit.
The judge held that since the trial court failed decide the suit on its merit and the period of 180 days, for determination of pre-election cases, is still running, suit should remitted to the Chief Judge of the Federal High Court for prompt assignment to another judge for trial.
Other members of the panel, Justices M. Mustapha and Danlami Senchi agreed with the lead judgment.