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Supreme Court Confirms Kashamu as Ogun PDP Governorship Candidate

Kashamu

The Supreme Court yesterday struck out an appeal filed by the National Secretary of the People’s Democratic Party (PDP) against the Adebayo Dayo-led faction of the party in Ogun state.

The Adebayo Dayo-led faction is loyal to the party’s controversial governorship candidate, Senator Buruji Kashamu.

By the decision of the Apex Court, Kashamu Buruji who is recognised by the Adebayo Dayo faction of party in the state, will participate in the election as the party’s governorship candidate.
Justice Mohammed Musa Dattijo of the Apex Court struck out the appeal on the ground that it has become statute barred, lifeless and worthless having been overtaken by the 4th Alteration to the 1999 Constitution.
PDP in the appeal had challenged the judgment of Justice of the Federal High Court sitting in Abeokuta and Ibadan division of the Court of Appeal which recognised the Adebayo Dayo led Executive Committee of the party in Ogun State as the authentic leadership.
Counsel to the appellant’s Emeka Etiaba (SAN) had argued that the matter was not a pre-election, but a leadership tussles between factional members of the PDP in Ogun State.
However, Counsel to the Adebayo Dayo led group, Dr. Alex Izinyon (SAN) insisted that it was a pre-election matter because it relates to the candidate nomination for the next general election.

He also argued that ground 8 of the application filed on December 14, 2018 by the appellant prayed for accelerated hearing of the appeal, as the subject of the matter is to determine the rightful candidates of the appellant in Ogun State.

Iziyon referred to paragraphs 11, 12 and 13 of the affidavit supporting the application where the appellant also said that the matter is about the determination of which of the two set of candidates that emanated from the two executive of the party should Independent National Electoral Commission (INEC) should accept.

He also however explained that the suit has become a mere academic exercise because it has been caught up with a provision of the 1999 Constitution that a pre-election suit must be filed within 14 days.

The court accepted the submissions by Izinyon and held that the case was a pre-election matter, on which the court no longer has jurisdiction in view of the effect of the 4th Alteration Act.

Justice Dattijo in his ruling agreed with izinyon that the appeal has become statute barred and lifeless and consequently struck it out. The Apex Court held that the precious time of the court and energy of the justices cannot be dissipated on an appeal that will not confer any benefit on the appellant.

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