The Osun State Chapter of the Peoples Democratic Party (PDP)
has revealed that there is no court order restricting Senator Ademola Adeleke,
the party’s flagbearer in the Osun gubernatorial election slated for Saturday,
July 16, 2022.
Making this known via a press release signed by Ayodeji
Areola, Osun PDP Publicity Secretary in Osogbo, on Wednesday, the party stated
that the legal hitches had been laid to rest.
Areola noted that the interim order of injunction against
the primary election of Osun PDP conducted by the National Working Committee
which produced Senator Ademola Adeleke as the party’s candidate for the July
16th 2022 Osun gubernatorial election has automatically elapsed by operation of
law.
The statement reads, “May we bring it to your attention that
an interim ex-parte order was made by Justice Aderibigbe of the Ijebu-jesha
Division of Osun State High Court on 4th March, 2022, which ordered that the list
of Ward Excos, purportedly conducted by Adagunodo should be used for our State
Congress, yet another judge of the Osun State High Court, Onibokun J. granted
an order mandating the PDP to make use of the list of delegates produced at the
Congresses conducted by the NWC of our Party.
“Our Party is law abiding and in view of the circumstance,
the Party removed the Ward Excos, subject of the conflicting orders from the
primary election. In another twist, the persons who purportedly instituted the
action at the Ijebu-jesha Division went back to court to secure another
ex-parte order of interim injunction against the candidature of Senator Ademola
Adeleke.
“However, some of the persons whose names were listed as
part of the Plaintiffs in the case appeared physically in court dissociating
themselves from the suit. The said persons filed an appeal at the Court of
Appeal and the appeal has now been entered at the Court of Appeal, Akure
Division.
“With this event, the Court of Appeal is effectively in
control of the matter. One needs not be in doubt that once a matter is before
the appellate court, the trial court should hands-off and that was what
happened today in court when our formidable team of lawyers stormed the Court
to argue the issue out and at the end of the day, the case was adjourned
indefinitely.
“Let me inform you gentlemen of the Press that we are not
unaware of the misinformation being circulated by a tiny minority within Osun
PDP supported by the APC agents that the order of interim injunction made by
Aderibigbe operates indefinitely. That is far from the truth as that position
will be preposterous and against logic, law and reason.
“An ex-parte order has a 7-day life span and unless
expressly extended, it automatically vanishes after the 7-day period. In the
case of PDP .V. ADAGUNODO in CA/AK/349/2020, the Court of Appeal has this to
say on the life span of an ex-parte order…….’Interim orders have a life span
and automatically expire by effluxion of time, in this case, 7 days, unless
renewed by another 7 days as situation and circumstances permit’. The clear
implication of the above cited rules of court is that an order made ex-parte
shall automatically abate after seven days.
“The implication of the above position is that there is no
court order disturbing our candidate any longer. We, therefore, call on all the
good people of Osun State to rally round Senator Ademola Adeleke who emerged as
the candidate of our great party at our Special State Congress held last week
by voting for him en-masse so as to deliver the good people of Osun State from
the wrecks and ruins of the APC administration.”
Also, the Ademola Adeleke Campaign Organisation stated that
Senator Ademola Adeleke has been officially recognised as the Candidate of the
Peoples Democratic Party in the forthcoming Osun governorship election.
Mallam Olawale Rasheed, the Director of Media and Strategy,
Ademola Adeleke Campaign Organisation made this known in a statement on
Wednesday in Osogbo.
The statement said the court injunction granted by Justice
Adeyinka Aderibigbe of Osun State High Court sitting in Ijebu-jesa had elapsed
as the court had been robbed of jurisdiction following the filing of appeal at
the Akure Division of the Court of Appeal.
The statement read, “The controversy on who flies the
Peoples Democratic Party (PDP) banner in the July 16 governorship poll was on
Wednesday laid to rest as the order restraining the PDP and the electoral
commission from recognising Senator Ademola Adeleke elapsed today with Justice
Adeyinka Aderibigbe refusing to renew an order recognising the claim of one
Dotun Babayemi to the governorship ticket.
“Babayemi had declined participation in the party primary
organised by the National Working Committee (NWC) but had since been riding on
an ex-parte order granted by the judge presiding over Ijebu-Jesa division of
the Osun State High Court. Even after the NWC officially presented the
certificate of returns to Senator Adeleke, Babayemi refused to recognise the
party leadership.”
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