[attach=1] Nine members of Peoples Party of Nigeria (PPN) in Ogun State led by its governorship candidate, Gboyega Nasir Isiaka, have petitioned the Chairman, National Judicial Council (NJC) over what they considered a "highly prejudicial order granted by Justice Abdul Kafarati", which deprived them of their right to contest the general election on the platform of the Peoples Democratic Party (PDP).
They want the NJC to immediately investigate the circumstances in "which Justice Abdul Kafarati granted the orders which he made on 26th January 2011 in Suit No: FHC/ABJ/CS/28/2011: Olurin vs. INEC & Ors that "frustrated us out of the PDP" and urged him to transfer another suit instituted by Dayo Soremi faction of the party, which seeks to stop them from contesting the general election on the platform of PPN, to another judge.
The petitioners which include Prince Isiaka; Waliu O. Taiwo (Ogun West Senatorial candidate); Adesina B. Akeem (Odeda/Owode/Abeokuta North); Hassan S. Olawale (Ado-Odo Ota); Adewusi Tunde Rasak (Egbado N./Imeko Afon); Badru S. Makanjuola (Egbado South/Ipokia); Obadina O. Bamidele (Ifo/Ewekoro); Adekoya A. Abdel-Majid (Ijebu East/North Ogun Waterside) and Gbenga Oduwaye Ijebu (Ode/Odogbolu/Ijebu N.E.), decried the circumstances in which Suit No: FHC/ABJ/CS/377/2011 instituted by Soremi which relates to the nomination of candidates for election in Ogun State was accepted for filing in the Abuja Division of the Federal High Court and assigned to the same Justice Kafarati despite the Acting Chief Judge's circular dated 16th March 2011.
On 17th March 2011 the PPN had taken an Originating Summons which was intended to be issued against INEC in respect of the candidature of its candidates in Ogun State to the registry of the Federal High Court, Abuja for filing. The processes were rejected on the ground that the Acting Chief Judge had issued a circular dated 16th March 2011 in which it was directed that all cases arising from party screening and primaries should be filed in the Judicial Division where the primaries were conducted. The suit was then taken to Abeokuta and filed on 21st March 2011 as Suit No. FHC/AB/CS/17/2011: PPN vs. INEC.
Despite the existence of the circular however, Suit No: FHC/ABJ/CS/377/11: Soremi vs. PPN which was instituted by the Dayo Soremi faction of the Peoples Democratic Party in Ogun State was surprisingly accepted in the registry of the Federal High Court, Abuja and by some MAGICAL (abracadabra) process assigned to the same Justice Kafarati.
The petition was copied to the Deputy Chairman of the NJC; the President, Court of Appeal; the President, Nigerian Bar Association, Abuja; the Chairman, NBA Disciplinary Committee, Abuja; the Chairman, Economic & Financial Crimes Commission, Abuja; the Acting Chairman, Independent Corrupt Practices and Other Related Offences Commission, Abuja; the National Human Right Commission, Abuja; the Chairman, Senate Committee on the Judiciary, Abuja; the Chairman, House of Representatives Committee on the Judiciary, Abuja; the Unites States (U.S.) Ambassador to Nigeria, The U.S. American Embassy, Abuja; the British High Commissioner to Nigeria, The High Commission, Abuja and the Canadian High Commissioner to Nigeria Commission, Abuja.
The petitioners went on: "It is in the light of the foregoing facts that we humbly request that an URGENT investigation be conducted into:
"The circumstances in which Justice Kafarati granted the orders which he made on 26th January 2011 in Suit No: FHC/ABJ/CS/28/2011: Olurin vs. INEC & Ors which orders frustrated us out of the Peoples Democratic Party (PDP).
"The circumstances in which cases filed in the Abuja Division of the Federal High Court involving the Dayo Soremi faction of the Peoples Democratic Party (PDP), Ogun State got assigned to Justice Kafarati.
"The circumstances in which an application filed on 9th March 2011 in Suit No: FHC/ABJ/CS/28/2011 with an affidavit of urgency was scheduled by Justice Kafarati for hearing on 25th April, 2011 after the general elections would have been concluded whilst a motion filed in Suit No: FHC/ABJ/CS/377/2011 on 22nd March, 2011 was scheduled by Justice Kafarati for hearing on 31st March, 2011 when the two applications were in respect of the same urgent subject matter i.e. general elections in Ogun State.
"The circumstances in which Suit No: FHC/ABJ/CS/377/2011 instituted by Dayo Soremi which relates to the nomination of candidates for election in Ogun State was accepted for filing in the Abuja Division of the Federal High Court and assigned to the same Justice Kafarati despite the Acting Chief Judge's circular dated 16th March 2011."
"We therefore appeal to you to use your good offices to ensure that Justice Kafarati allows another Judge of the Federal High Court to hear Suit No: FHC/ABJ/CS/377/2011.
"In appealing that another Judge be allowed to hear the suit by which our opponents seek to stop us from contesting the general elections ostensibly because of our popularity in Ogun State; we are not unmindful of their open boast all over the place that Justice Auta the Acting Chief Judge has a personal relationship with PRINCE BURUJI KASHAMU who is the financial pillar of the DAYO SOREMI faction of the Peoples Democratic Party (PDP).
"We therefore urge that National Judicial Council and the Acting Chief Judge of the Federal High Court to intervene, as a matter of EXTREME URGENCY, to ensure that our constitutional rights are not once against aborted by Justice Abdul Kafarati of Abuja Division of the Federal High Court, and that justice is not only done to us but is manifestly seen to have been done."
The petitioners complained that when the first order of 21st day January was granted "at the time the above orders were made, it was only the Plaintiffs' Counsel that was present in court.
"It is noteworthy that the Respondents (PDP and INEC) were not served with the motion papers at the time the order was granted. This can be confirmed from the proofs of service in the court's records.
"It is clear from the orders granted as quoted above, that all the candidates who emerged from the primary elections conducted in Ogun State by the National Executive of the PDP were deprived of their vested rights of contesting in the general election on the platform of the PDP without being heard by Justice Kafarati.
"We are aware of the provisions of Order 26 Rule 22 of the Federal high Court (Civil Procedure) Rules 2009, which provides that:
"If at the hearing of any motion, the Court is of the opinion that any person, to whom notice has not been given, ought to have or ought to have had such notice, the Court may either strike out the motion, or adjourn the hearing thereof in order that notice may be given upon such terms as the Court may deem fit."
"We believe, as laymen, that even in the absence of the rules of court quoted above, it should have been clear to Justice Kafarati, that we, who were the candidates affected by the order ought to have been put on notice before making any order that would deprive us of our right to contest the general elections after having won the primary elections, on the platform of the Peoples Democratic Party (PDP).
"The above quoted orders made by Justice Kafarati were the worst form of orders that can be made against any candidate at time of preparation for general elections in Nigeria. We say this because:
"The order of Justice Kafarati is manifestly unlawful because we as politicians know that Section 31 of the Electoral Act (as amended by Section 10 of the Electoral (Amendment) Act 2010, provides that: "the Commission (INEC) shall not reject for any reason whatsoever any list of candidates submitted in the prescribed form by the political party".
"Justice Kafarati prevented our political party from sponsoring us as candidates after having won the primary elections duly conducted by the party and monitored by INEC.
"The orders were made at an interlocutory stage and particularly when only the Plaintiffs counsel was present in Court without notice to the Defendants.
"Justice Kafarati had actually decided the whole case without hearing anybody aside from the Plaintiffs.
"By reason of the foregoing facts, we were strongly convinced that Justice Abdul Kafarati was very biased against us. Our fears were confirmed by the fact that the Plaintiffs in that case were, after the order was made, boasting openly that we would never contest the election since Justice Kafarati is there for them and had made orders preventing us from contesting the general election.
"We wish to draw attention to the strategy adopted by the DAYO SOREMI led faction as Plaintiffs in the earlier Suit No. FHC/ABJ/CS/28/2011 whereby we, the persons affected by the order of Kafarati, J. were not joined as parties. The same strategy has been adopted in their present (this new suit) whereby we the candidates affected were not joined as parties.
It is pertinent to draw attention to the following facts:
"At the time the new Suit No. FHC/ABJ/CS/377/11 was filed the following processes were filed:
• Writ of Summons;
• Statement of Claim;
• Motion on Notice and Affidavit; and
• Motion Ex-parte and Affidavit
"After the filing of the suit, the plaintiffs' lawyer, Mr. R. A. Oluyede, was seen on Wednesday 23rd March, 2011 about 3.02pm going into Justice Kafarati's chambers from which he came out about 3.46 p.m.
"The motion, which was filed on 22nd March 2011 was then fixed for hearing on 31st March, 2011.
"Meanwhile, in the earlier Suit No. FHC/ABJ/CS/28/2011 in which Justice Kafarati ordered that our names should not be recognized by INEC, an application for leave to appeal was filed by Chief Joju Fadairo, Hon. Lola Abiola-Edewor and Otunba Olugbenga Daniel.
"The application referred to in (4) above was filed on 9th March, 2011 with an affidavit of urgency.
"When Justice Kafarati refused to assign a date to the motion, the applicants' counsel wrote a letter sometime in March, 2011 pleading that the application be given a date.
"Justice Kafarati eventually fixed the application for hearing on 25th April 2011 ostensibly after the general elections would have been concluded."
The petition continued: "Now, on 17th February 2011 we filed Suit No. FHC/ABJ/CS/226/11: Isiaka vs. INEC in the Abuja Division of the Federal High Court in respect of the general elections in Ogun State.
"The suit was originally assigned to Olotu, J and was fixed for hearing on 22nd March 2011.
"Before the case however came up before Olotu, J the Defendants' counsel Mr. Ajibola Oluyede wrote a letter dated 21st February 2011 to the Chief Judge of the court in which he said that the suit ought not to have been assigned to Olotu, J and that it should be withdrawn and assigned to Kafarati, J.
The suit was then withdrawn from Olotu, J and reassigned to Kafarati, J by the then Chief Judge Abutu, C.J."
The petition added that "the plaintiffs' counsel however protested vide a letter dated 23rd February 2011 written by the firm of Pinheiro & Company on behalf of the joint counsel, that it was wrong for Mr. Oluyede to have nominated Justice Kafarati as the judge to hear the suit. Despite the letter of protest Justice Kafarati still held on to the case file. The case has since been discontinued.
"It is also important to draw attention to another aspect of our complaint in this petition, which are as follows:
"On 17th March 2011, the Peoples Party of Nigeria (PPN) had taken an Originating Summons which was intended to be issued against INEC in respect of the candidature of its candidates in Ogun State to the registry of the Federal High Court, Abuja for filing. The processes were rejected on the ground that the Acting Chief Judge had issued a circular dated 16th March 2011, in which it was directed that all cases arising from party screening and primaries should be filed in the Judicial Division where the primaries were conducted. The suit was then taken to Abeokuta and filed on 21st March 2011 as Suit No. FHC/AB/CS/17/2011: PPN vs. INEC.
"Despite the existence of the circular however, Suit No: FHC/ABJ/CS/377/11: Soremi vs. PPN which was instituted by the Dayo Soremi faction of the Peoples Democratic Party in Ogun State was surprisingly accepted in the registry of the Federal High Court, Abuja and by some magical (abracadabra) process assigned to the same Justice Kafarati."
Source: Isiaka, other PPN members petition NJC over judge's orders in PDP crisis (http://www.guardiannewsngr.com/index.php?option=com_content&view=article&id=43002:isiaka-other-ppn-members-petition-njc-over-judges-orders-in-pdp-crisis&catid=1:national&Itemid=559)