Buruji Kashamu, going, going…Appeal Court recognises Adebutu as Ogun PDP governorship candidate

The Court of Appeal in Ibadan, Oyo State, on Tuesday, set aside a court order which directed the Independent National Electoral Commission (INEC) to recognise the list of candidates submitted for the 2019 general elections by a faction of Ogun State Peoples Democratic Party (PDP) loyal to  Senator Buruji Kashamu.
Justice Shittu Abubakar of the Federal High Court Abeokuta had on October 2 ordered  INEC to recognise the list of candidates submitted by the Chief Bayo Dayo executives loyal to Kashamu.
The applicants in the appeal are the Peoples Democratic Party (PDP), its National Chairman, Uche Secondus and Secretary, Ibrahim Tsauri.
The respondents are Dayo-led Ogun  PDP executives loyal to  Kashamu and INEC.
The three-man appeal panel led by Justice Haruna Tsammani unanimously agreed that the lower court was wrong in its decision and consequently set aside the order, saying it was null and void.
Tsammani, however,  said the applicants were not properly served the originating summons at the lower court which would notify them that there existed a case before the judge assumed jurisdiction.
The judge said service of the originating summons was fundamental and a precondition which would affect and determine the validity of the court ’s proceedings.
“ Non-service of the originating summons on the applicants at the lower court rendered all the order given at the lower court against the applicants a nullity and this is an indication that the applicants were not given a fair hearing.
“In the interest of justice, the order of the lower court is set aside, null and void and an academic exercise,’’ the judge said.
Tsammani ordered that the case be returned to the Chief Judge for reassignment to another judge other than Justice Abubakar.
Speaking to newsmen after the judgement, the counsel to the Dayo-led executive, Ifeoma Esom, expressed dissatisfaction with the judgement.
She said her client had directed her to proceed to the Supreme Court.
But counsel to the PDP, Emeka Etioba (SAN), said he was satisfied with the judgement and commended the judges.
The PDP had earlier submitted the list of candidates which had Oladipupo Adebutu as the governorship candidate of the party in Ogun State to INEC before the October 2 order of the lower court recognising Kashamu’s list.