The
Peoples Democratic Party on Wednesday asked an Abuja Federal High Court
to stay the execution of a judgment, which sacked its National
Secretary, Prince Olagunsoye Oyinlola, from office.
The application for stay
of execution was filed less than two days after the PDP National
Chairman, Alhaji Bamanga Tukur, replaced Oyinlola with the Deputy
National Secretary, Solomon Onwe, in acting capacity.
Investigations showed
that as Tukur had adopted strategies to ensure that Oyinlola did not
return as national secretary, most members of the National Working
Committee were determined to save him.
While the PDP chairman
is loyal to President Goodluck Jonathan, most members of the NWC are
backed by PDP governors and former President Olusegun Obasanjo.
We had on
Wednesday reported that Tukur planned to hold a congress in the
South-West, where Oyinlola’s replacement would be picked.
The move is part of measures to seize the control of the party in the South-West from Obasanjo and the PDP governors.
The statement, which
announced the appointment of Onwe on Monday was not signed by the
National Publicity Secretary, who usually issued such statements.
Investigations showed
that most NWC members strongly felt that the best way to save Oyinlola, a
former Osun State governor, was to file the suit.
A member of the NWC, who
pleaded anonymity, said, “The NWC will resist any move by Tukur to
hurriedly hold a congress that will replace Oyinlola in the South-West.”
But another member of
the NWC, who spoke on condition of anonymity, said the party decided to
defend Oyinlola because it was also a defendant in the case that led to
his sacking by the FHC last Friday.
He said the need to file
the application for stay of execution was discussed at a meeting the
members of the NWC held with Tukur at his residence on Tuesday.
Tukur, he said, had nothing personal against Oyinlola as he believed that the party should defend him in court.
The source added that
since the party did not take Oyinlola to court, it must come to his aid
by defending him and not using the Friday judgment as a vendetta .
The source said, “Yes,
we have to come to his aid by filing the papers to suspend the
implementation of the judgment. It is a normal thing in any court case.
A very close source
close to the PDP argued that by filing the application for stay of
execution, the party’s leadership headed by Tukur had made a U-turn on
its perceived rush to get Oyinlola out of the way.
“What happened
today(Wednesday) is a U-turn by the PDP leadership. They initially put
the cart before the house. They should have asked for stay of execution
of the FHC judgment before rushing to replace Oyinlola with Onwe as the
acting national secretary of the party,” he told one of our
correspondents in Abuja.
The application for stay
of execution of the judgment was filed by the party’s counsel, Mr.
Victory Kwon, pursuant to Order 32, rules 1, 2 and 4(1), and Order 56,
Rule 1 of the Court (Civil Procedure) and Section 36(1) of the 1999
Constitution, as amended.
In the application, the
PDP asked the court for an order of injunction restraining the
beneficiaries of the judgment “from giving effect to, or otherwise
seeking the enforcement of the judgment of the court delivered on
January 11, 2013, pending the hearing and determination of its appeal
before the court.”
The party also wants
stay of execution of all orders of the court granted by way of reliefs
contained in the judgment of the FHC, pending the determination of the
appeal.
The PDP premised the
application marked FHC/ABJ/CS/504, on the grounds that it was
dissatisfied with the judgment of the court, and had already appealed
against it.
Furthermore, it stressed that it raised substantial and arguable issues of law in the appeal.
The party also
maintained that by Order 32 rules 1,2 and 4(1) and Order 56, rule 1 of
the Federal High Court rules, 2009, the court is empowered to stay the
execution of all orders granted by way of relief contained in the FHC
judgment.
PDP held that if the
application was granted, its appeal would not be rendered negatory and
the appellate court would not be in a situation of helplessness.
It also argued that the refusal of the application would prevent a return to status quo if the appeal succeeded.
The former governor had also approached the Court of Appeal, Abuja Division, in a bid to reverse his sacking from office.
Oyinlola appealed the
FHC judgment in a notice of appeal dated January 11, 2013, which was
filed by his counsel, Otunba Kunle Kalejaye (SAN).
In the grounds of appeal, Oyinlola’s counsel argued that the judgment of the FHC was against the weight of evidence.
He maintained that the FHC erred in law by assuming jurisdiction of the matter.
He therefore asked the
Appeal court for “an order reversing the judgment of the trial Judge”,
as well as “an order striking out and or dismissing the entire action
with costs.”
Meanwhile, the
Independent National Electoral Commission has said it has not received
any request from the PDP, to delist Oyinlola’s name from its records.
A national newspaper had on Wednesday reported that the PDP had told INEC to delist Oyinlola’s name as the party’s national secretary.
But the Chief Press
Secretary to the INEC Chairman, Mr. Kayode Idowu, said the commission
had not received any letter to that effect from the PDP.
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