Oyinlola Looses Apeal against PDP… The Court of Appeal in Lagos, on Friday, dismissed an appeal by former National Secretary and National Auditor of the Peoples Democratic Party (PDP), Prince Olagunsoye Oyinlola and Chief Bode Mustapha respectively. Oyinlola, a former governor of Osun State, and Mustapha had filed a Motion on Notice at the appellate court challenging the Notice of Withdrawal filed by the party. The PDP had earlier appealed against the judgment of Justice Charles Archibong of the Federal High Court in Suit No. FHC/L/CS/347/2012, delivered on May 2, 2012. The judgment of the lower court, which was being challenged at the appellate court, was in respect of a suit filed on behalf of the Ogun State Executive Committee of the PDP by Engr. Adebayo Dayo and Alhaji Semiu Sodipo against the PDP and three others. The court had nullified the Southwest Zonal Congress of the PDP, ordered the removal of Mustapha and his replacement with Alhaji Fatai Adeyanju. The PDP later filed a Notice of Withdrawal from the appeal through its counsel, Joe-Kyari Gadzama (SAN). But Oyinlola and Mustapha opposed the move and filed a Motion on Notice, asking the Court of Appeal to strike out the Notice of Withdrawal because their consent was not sought before it (the Notice of Withdrawal) was filed. Delivering its judgment, the three-man panel, headed by Justice M.B Dongban-Mensen, held that “upon the filing of the Notice of Withdrawal, dated 31st January, 2013, the appeal is deemed dismissed.” The court further held that from the facts before it, the appellants/applicants (Oyinlola and Mustapha) are under the control of the PDP hence they cannot turn around to distance themselves from the actions taken by the party in respect of the appeal. It also awarded N30,000 cost of litigation against Oyinlola and Mustapha.
Posted on: Mon, 17 Jun 2013 17:35:50 +0000
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