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Oyinlola begs Appeal Court to reverse sack



Oyinlola asks Appeal Court to reverse sack 
Sacked Peoples Democratic Party (PDP) National Secretary Olagunsoye Oyinlola, has filed an appeal against his removal from office.

He is pleading with the appellate court to reverse the judgment of the Federal High Court, Abuja which removed him from office last Friday.

In a notice of appeal filed by his counsel, Chief Kunle Kalejaiye (SAN), dated January 11, Oyinlola said the judgment is against the weight of evidence before the court.

He said the trial judge erred in law by assuming that he was nominated into office as PDP National secretary by the Southwest Zonal Congress of the party.
Joined as respondents are Chief (Eng) Adebayo Dayo and Alhaji Semiu Sodipo (for and on behalf of the officers of the Ogun State Executive Committee of the Peoples Democratic Party), the Peoples Democratic Party(PDP) and the Independent National Electoral Commission (INEC)

The grounds of appeal are as follows:
“The Judgment and or decision is against the weight of evidence. The learned trial judge erred in Law when he overruled the Preliminary Objection to the jurisdiction of the court and assumed jurisdiction and delivered Judgment when:
The 1st defendant/appellant and the 2nd defendant/respondent, against whom the principal reliefs are sought, are individual and a political party who are neither Federal Government nor an agency of the Federal Government of Nigeria.

The subject matter of this suit is an intra-party dispute, which clearly is not justiciable.
“In the circumstances, the Federal High Court and indeed no Court of Law has jurisdiction over the subject matter of the suit,
“The Learned Trial Judge erred in law when the court disregarded the Ruling of the Lagos Division of the Court of Appeal in CA/35/12 delivered in the 25th of June 2012 and held that the entire action does not constitute an abuse of court process.”

He listed four particulars of the error in the judgment of Justice Abdu Kafarati.
The notice added: “The Ruling of the Court of Appeal, Lagos Division in CA/35/12 delivered on the 25th of June 2012 granted a Stay of all Proceeding predicated on Suit No: FHC/L/CS/1248/11
“Both Suits FHC/L/CS/347/12 and FHC/CS/282/12 are predicated on the judgment in Suit No: FHC/L/CS/1248/11 already stayed by the Court of Appeal.
“The entire action was an abuse of Court process as it seeks to “cleverly” circumvent the subsisting order of Stay of all Proceedings/execution made by the Court of Appeal.

“The Learned Trial Judge erred in law when the Court nullified the election of the 1st Defendant on the ground that his election into the office is a result of nomination to the office by the South West Zonal Congress.”
Oyinlola gave the details of the particulars of error and asked the appellate court to reverse the decision or judgment of Justice Kafarati.

He said: “The uncontroverted evidence before the lower Court, upon which it should act, was that the offices of National Secretary and National Auditor were zoned to members of the 2nd Defendant from the South West Political Zone to wit; Lagos, Ogun, Oyo, Osun, Ekiti and Ondo States.

“The 1st Defendant was nominated into the office not by the South West Zonal Congress of the 2nd Defendant.

“The 1st Defendant qualified for the post of National Secretary by reason of being an indigene of Osun State which is part of the South West Political Zone.
“The Court did not find that the Plaintiff have any special interest in the position of the National Secretary of the 2nd Defendant.
“Further and other grounds of Appeal shall be filed upon receipt of the Judgment and the entire records.

He pleaded with the Court of Appeal for “an order reversing the decision and or Judgment of the Learned trial Judge and substituting thereto an order striking out and or dismissing the entire action with costs.”
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