By Suleiman Shehu
The Court of Appeal in Ibadan on Monday fixed Tuesday for judgment in a suit challenging a court order which recognised the list of candidates for the 2019 elections submitted to INEC by a faction of the Ogun PDP led by Sen. Buruji Kashamu.
The News Agency of Nigeria (NAN) reports that the party, its National Chairman, Uche Secondus and Secretary , Ibrahim Tsauri, are challenging the order of the Federal High Court, Abeokuta, which directed INEC to recognise the list of the Chief Bayo Dayo-led executive in Ogun.
The applicants also want INEC to declare the list of candidates which has Oladipupo Adebutu as the governorship candidate of the party in Ogun as authentic.
The respondents in the suit are the Dayo-led Ogun PDP executive loyal to Buruji Kasamu and INEC.
The three-man appeal panel presided over by Justice Jimi Bada fixed Tuesday for judgment after listening to the arguments of the applicant’s counsel, Emeka Etioba (SAN), and respondent’s counsel, Alex Iziyon (SAN).
“Judgment in this case is fixed for Tuesday by 3pm, ‘’Bada stated.
Etioba had earlier said his clients were not served and were not aware that the matter was at the lower court before it assumed jurisdiction and granted the prayers of the respondents.
He also said the deposition of the court bailiff on the affidavit that his clients were served with the court summon which made the court to assume jurisdiction were false, insisting that there was no proper service.
Etioba said that the bailiff of the lower court failed to comply with the order of the court and had deposited to a false affidavit.
According to him, where an affidavit tells a lie, it is imperative for the court not to accept it.
He consequently urged the court to dismiss the ruling of the lower court and uphold the appeal.
But Iziyon, who represented the respondents, said there was court service on the applicants and the affidavit sworn to by the court bailiff was crucial in determining whether or not the applicants were served.