The Court of Appeal sitting in Ibadan is finally set to decide the fate of an expelled Peoples Democratic Party (PDP) member, Bayo Dayo, whose list of PDP candidates for 2019 general elections have been accepted and temporarily published by Independent National Electoral Commission (INEC) on the order of a Federal High Court, Abeokuta. The Appeal Court sitting comes up on Monday, November 12, 2018.
INEC’s rush to publish the list of Bayo Dayo group could not be understood, as such, acted wrongly on the basis of undue influence inspite of a pending case in Court of Appeal and Supreme Court, which is the Apex and ultimate decision maker in the Nigeria’s judicial system.
Earlier before 9th November 2018, the PDP National Executives under the leadership of Prince Uche Secondus had contested a letter received by the party from INEC, notifying the party of the Commission’s intention to accept Bayo Dayo’s list of candidates. An Appeal and Application of Stay of Execution have been duly filed and awaiting Judicial Pronouncement of the Court of Appeal, Ibadan against the Order of the Federal High Court, Abeokuta in Suit No. FHC/AB/CS/114/2018.
In a letter signed by Emeka Etiaba SAN, FCIArb, the Solicitors of the Peoples Democratic Party (PDP) prayed as follows:
“The Honourable Chairman of INEC is urged not to act as he has been urged by Chief Adebayo Dayo and those he leads by accepting and publishing their list of candidates who emerged from the primary elections they conducted as state executives of our client as to do so will subvert our democratic process.
The Chairman of the Commission is further urged to embrace the position of the law by accepting and acting on only the lists of candidates of our client which were submitted by the National Chairman and National Secretary of our client. An Appeal and Application of stay of execution have been duly filed and awaiting judicial pronouncement of the Court of Appeal, Ibadan, against the order of the Federal High Court, Abeokuta, Suit No. FHC/AB/CS/114/2018”.
Actions taken by INEC for publishing Bayo Dayo’s list could however be termed as ‘total disregard for Nigerian laws’ except the laws were wrong in their contents. The Commission ought to have been patient more for Court of Appeal and Supreme Court to pass their judgments as Federal High Court Order is not ultimate in judicial decision making process. Therefore, INEC may have to revert its actions as Court of Appeal sits in Ibadan on Monday, November 12, 2018, to decide Ogun PDP feud.
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