THE Lagos Division of the Court of Appeal Friday dismissed an appeal filed by former National Secretary and National Auditor of the Peoples Democratic Party (PDP), Prince Olagunsoye Oyinlola and Chief Bode Mustapha, respectively, over the withdrawal of PDP in a suit.
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, last year in respect of Ogun PDP leadership crisis.
The party had filed an appeal challenging the lower court's decision in a suit filed on behalf of the Ogun state executive committee of the PDP by Chief Adebayo Dayo, Alhaji Semiu Sodipo and three others.
The lower court had nullified the Southwest zonal congress of the PDP, ordered the removal of Mustapha and his replacement with Alhaji Fatai Adeyanju, among others.
As a result, the PDP 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: "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 a N30, 000 cost of litigation against Oyinlola and Mustapha.
The Guardian