PUTTING THE RECORD STRIGHT AGAINST THE BARRAGE OF LIES AND DELIQUENT LEGAL SUBMISSIONS FROM THE SELF ACCLAIMED LEGAL COMMITTEE OF OSUN PDP.

 

RE: OSUN: PRESS RELEASE BY OSUN PDP LEGAL COMMITTEE REGARDING STATE OF AFFAIRS OF THE PARTY IN OSUN STATE.

 

BACKGROUND FACTS

That sometime in October, 2020 H. E HON. OLASOJI ADAGUNODO instructed his lawyer, Edmund Z. Biriomoni, to institute an action challenging his unlawful removal from office as Chairman of the Peoples Democratic Party, Osun State Chapter.

 

That consequent upon the instruction his lawyer filed an Originating Summons, Motion on Notice and Motion Exparte on the 2nd of October, 2020.

 

That the said ex parte application dated the 5th day of October, 2020 was argued and moved on the 3rd day of October, 2020.

 

That on the 3rd November, 2020 Hon Justice S.O Falola sitting at the Ikirun Division of the High Court of Justice granted the Seven (7) Prayers of the Plaintiff/Applicant as contained in the body of the Motion Exparte.

That the court further granted the following consequential orders:

i. That the Plaintiff/Applicant Hon. Olasoji Adagunodo shall return to and resume duty as Chairman, Peoples Democratic Party, Osun State with full rights and privileges forthwith.

 

ii. That the 2nd and 3rd Respondents and any other person occupying the office of Chairman, Peoples Democratic Party, Osun State Chapter, since the dispute in this case started shall vacate the office immediately.

 

iii. That the matter was consequently adjourned to the 9th of November, 2020 for hearing of the Motion on Notice.

 

That the Motion on Notice could not be heard because the Defendants had failed to file their Counter-Affidavit rather they chose to file various applications on objections and setting aside.

 

That in view of the circumstances the Plaintiff/Applicant consequently applied for an Extension of the Mandatory Interim Order or Alternatively an Order of Preservative Mandatory Interim Injunction.

 

That the Presiding Judge after considering arguments of the parties ordered conversion of the Interim order of Mandatory Injunction to Preservative Order of Mandatory Injunction pending the hearing and final determination of the Motion on Notice.

 

That through several letters dated

(i)10th of November, 2020,
(ii) 19th of February, 2021,
(iii) 24th of September, 2021,
(iv) 9th of August, 2021 and

(v) 13th of August, 2021 respectively notified the National Chairman, National Secretary, National Legal Adviser and National Organizing Secretary and the Chairman, Independent National Electoral Commission (INEC) of the existence of a valid and subsisting Preservative Order of Mandatory Injunction and request for full compliance and the consequences of disobedience.

The Defendants dissatisfied with the said ruling of Hon. Justice S.O Falola sitting at the Ikirun Division of the Osun State High Court delivered on the 3rd of November, 2020 lodged an appeal at the Court of Appeal, Akure vide a Notice of Appeal dated the 16th November, 2020 challenging the said Interim Order of 3rd of November, 2020.

 

That the matter was subsequently adjourned to the 25th of November, 2020 for hearing of all pending applications at the instance of the various counsels for Defendants and that on the said date the Defendants changed their counsels to N.O.O Oke SAN, who equally filed fresh applications and withdrew the earlier ones filed.

 

That the matter was consequently adjourned to the 7th of January, 2021 but the Court could not sit base on the COVID-19 protocol circular.

 

That the Court of Appeal, Akure delivered judgment on the interlocutory appeal filed on the 5th of March,2021 filed by the Defendants by allowing the appeal and setting aside the Order of 3rd of November, 2020.

 

That the Hon. Olasoji Adsaunodo been aggrieved by the decision of the Court of Appeal, Akure filed a 14 grounds Notice of Appeal on the 10th of March, 2021 which are arguable and likely to succeed at the Supreme Court of Nigeria. That thereafter the High Court registry at Ikirun issued hearing notices to parties to appear for hearing of all pending applications and the substantive matter on the 8th of March, 2021.

 

That on the 8th of March, 2021 the senior counsel for the Defendants made an oral application for Hon. Justice S.O Falola to recuse himself on the ground of bias or likelihood of bias based on the judgment of the Court of Appeal.

 

After hearing arguments from both counsels for the Plaintiff and the Defendants, the Hon. S.O Falola directed the learned senior counsel for Defendants to file a formal application to enable the Plaintiff’s counsel respond and consequently adjourned the matter to the 1st of April, 2021 for the hearing of all pending applications and the substantive matter at the instance of the senior learned counsel for the Petitioners/Defendants.

 

That on the 12th of March, 2021 the Petitioners/Defendants filed a Motion on Notice for Hon. Justice S.O Falola to recuse himself and the Plaintiff through his counsel equally responded by filing a 6 paragraphs Counter-Affidavit opposing the said application on the 16th of March, 2021 on the ground that the Defendants did not show existence before the court a cogent and reasonable evidence to support their allegation.

That whilst the application for recusal was still pending Prince Bola Ajao wrote a petition to the Honourable Chief Judge on the 22nd of March, 2021 requesting for same prayers as contained in their Motion on Notice.

 

It is pertinent to also state that after submitting their Petition to the Chief Judge of Osun State on the 22nd of March, 2021 thereafter they filed a Further and Better Affidavit in response to the Plaintiff’s Counter-Affidavit to their Motion on Notice for the recusal of Hon. Justice S.O Falola at the registry of the High Court, Ikirun on the 23rd of March, 2021 by extension exhibited a despicable desire and abused the process of the court by pursuing both judicial and administrative proceedings at the same time in their actions.

 

That on the 1st of April, 2021 when the matter came up for hearing the senior counsel for the Defendants was conspicuously absent from court instead, he chose to apply for adjournment which was objected by the Counsel to the Plaintiff on the ground that it was a ploy of the Defendants to truncate the cause of justice.

 

That the application for adjournment was refused but Hon. Justice S.O Falola still went ahead, recused himself from the matter by returning the case file to the Chief Judge of Osun State.

 

That the case file was eventually reassigned to Hon. Justice S.A Oke sitting in High Court 4, Osogbo for hearing of all pending applications and the substantive matter.

 

That hearing notices were issued and served on counsels for both parties for 7th of July, 2021.

 

That pending applications and the substantive matter which include the Plaintiff Originating Summons, Counter – Affidavit to the Originating Summons, Further-Affidavit and Reply on point of law, Notice of Preliminary Objection, Counter-Affidavit and Further –Affidavit with a Reply on point on law were identified by the counsel for the Plaintiff.

 

That the senior counsel to the Defendants thereafter informed the court of a Motion on Notice for striking out the suit or alternately converting the Originating Summons to Writ of Summons they filed the previous day being 6th of July, 2021 without service of same on the Plaintiff.

 

That the said Application was served on the Counsel to the Plaintiff in court when he drew the attention of the court on non-service and thereafter sought the leave of the Court to reply on point of law but was objected by the Defendants counsel.

 

That Hon. Justice S.A Oke after listening to arguments by the counsels to the Plaintiff and Defendants granted the leave to the Plaintiff to reply on point of law.

That thereafter the senior counsel to the Defendants moved his Pending applications (Motion on Notice for striking out the suit or alternately converting the Originating Summons to Writ of Summons and Notice of Preliminary Objection) while the Plaintiff counsel subsequently moved his Originating Summons.

 

That the court thereafter adjourned the case to the 29th of July, 2021 for rulings on the Motion on Notice, Preliminary Objection and or judgment in respect of the Originating Summons as the case may be.

 

That the Defendants consequently filed a Notice of Appeal and Motion on Notice for Staying further proceeding and/or judgment dated 12th of July, 2021.

 

That on the 16th of July, 2021 Prince Diran Odeyemi acting on behalf of the Peoples Democratic Party (PDP) wrote another petition this time to the National Judicial Commission (NJC) seeking the recusal of Honourable Justice S.A Oke from further Adjudication over this matter on ground of bias or likelihood of bias while performing his judicial functions is grave and serious.

 

That the allegation of bias or likelihood of bias is a serious matter more so when labelled on Honourable Justice S.A Oke by the Defendants and not supported by clear evidences was a mere speculation just to embarrass the Osun State Judiciary.

 

That the subject matter in the instant case borders on the breach of the provisions of Peoples Democratic Party Constitution.

 

It is the duty of the court to rule on an application after it has been heard and not to chicken out because a party does not want it to preside over it.

 

Judges are not to submit to intimidation of parties in any case. The allegation was not only scandalous but spurious.

 

The judiciary is not a betting institution where gamblers are allowed to gamble with the sacred sanctity of the courts.

 

If all judges were to recuse themselves from the cases simply because litigants criticized their rulings and judgments, the judiciary would soon find itself in a situation where litigants choose the judges to adjudicate on their matters; and this is not in the interest of the law.

 

The Respondents filed a Motion on Notice on the 12th of July, 2021 praying for an order staying further proceedings or Judgment in Suit No: HIK/25/2020 pending the hearing of the appeal before the lower Court and equally filed same application on the 19th of July, 2021 at the Court of Appeal, Akure for same Order staying further proceedings or Judgment in Suit No: HIK/25/2020 pending the hearing of the Appeal.

The two Motions on Notice dated 12/7/2021 and 19/7/2021 for an Order Staying further proceedings or Judgment in Suit No: HIK/25/2020 pending the hearing of the Appeal both pending simultaneously at the Lower Court and the Court of Appeal.

 

In Appeal No: CA/AK/94/2021(Peoples Democratic Party & 3 Ors Vs. Hon. Olasoji Adagunodo) on the 27th of July, 2021.The Court of Appeal, Abuja judicially interpreted / pronounced on the Respondents Oral application and Motion on Notice to the effect that the prayers on both applications amount to arresting the judgment of the trial court which by paragraph 9 of the Affidavit of urgency filed on 19th of July, 2021 is to be delivered on the 29th of July, 2021.

 

The High Court on the 29th of July, 2021 after hearing the argument on the Motion on Notice dated 12th of July, 2021 granted the prayers of the Respondent as contained on the Motion on Notice by staying the Judgment.

 

That the hearing of Appeal No: CA/AK/94/2021 was fixed for the 27th of September, 2021 but at the hearing their lordships decided to also hear Appeal No: CA/AK/114/2021 which was not ripe for hearing on grounds of non- personal service.

 

That in order not to delay the hearing of Appeal No: CA/AK/94/2021 which is ripe for hearing upon which the Judgment of the Lower Court was stayed/arrested, Hon. Olasoji Adagunodo directed his lawyer to file a Notice of Withdrawal of Appeal No: CA/AK/114/2021 on the 27th of September, 2021 because their ploy not to prosecute the appeal having achieved their aim of arresting the judgment of the Lower Court on the 29th of July, 2021.

 

That the said Appeal No: CA/AK/94/2021 came up for hearing and yet they claimed they were not prepared as the lead Senior Counsel was not in court with the case file. The appeal was eventually adjourned to the 27th of February, 2022 for definite hearing.

 

That this action was instituted by an Originating Summons on the 7th day of October, 2021 and a Motion on Notice and an Affidavit of Urgency on the 7th day of October, 2021 in order for the court to make a definite pronouncement on the said Preservative Order of Mandatory Injunction granted by Hon. Justice S.O Falola sitting at Osun State High Court of Justice, Ikirun Judicial Division on the 9th of November, 2020 in SUIT NO: HIK/25/2020

 

That the said Originating Summons, Motion on Notice and Affidavit of Urgency were duly served on the Defendants/Respondents on the 18th day of October, 2021 respectively pursuant to an Order of substituted service granted by this Honourable Court on the 13th of October,2021 through Red Star Express .

That Judgment in Suit No: HIF/36/2021 was delivered by Hon. Justice Dr. A.A Aderibigbe of the High Court of Justice, Osun State sitting at High Court 2, Ile-Ife on the 22nd of November, 2021 granting the following reliefs:

1. A DECLARATION that an Order of a competent court of coordinate jurisdiction is valid, subsisting and binding on parties until it is appealed against and/or set aside by an appellate court.

2. A DECLARATION that the Preservative Order of Mandatory Injunction granted by Hon. Justice S.O Falola sitting at Osun State High Court of Justice, Ikirun Judicial Division on the 9th of November, 2020 SUIT NO: HIK/25/2020 is still valid, subsisting and binding on the 1st Defendant until it is appealed against and/or set-aside by an appellate court.

3. A DECLARATION that the Claimant, Hon.Olasoji Adagunodo by the Preservative Order of Mandatory Injunction granted by Hon. Justice S.O Falola sitting at Osun State High Court of Justice, Ikirun Judicial Division remain as the Chairman of the Peoples Democratic Party (PDP), Osun State pending the determination of Notice of Preliminary Objection dated 13th November, 2020, Motion on Notice dated 6th of July, 2021 and Originating Summons respectively in Suit No: HIK/25/2020.

4. A DECLARATION that by virtue of the subsisting and valid Preservative Order of Mandatory Injunction granted by Hon. Justice S.O Falola sitting at Osun State High Court of Justice, Ikirun Judicial Division, the Plaintiff Hon. Olasoji Adagunodo is the only recognized Chairman of the Peoples Democratic Party (PDP), Osun State Chapter pending the determination of Notice of Preliminary Objection dated 13th November, 2020, Motion on Notice dated 6th of July, 2021 and Originating Summons respectively in Suit No: HIK/25/2020.

5. AN ORDER of this Honourable Court recognizing and affirming all actions taken by the Plaintiff, Hon. Olasoji Adagunodo as the only valid and lawful actions as Chairman of the Peoples Democratic Party, Osun State Chapter pending the determination of the Notice of Preliminary Objection, Motion on Notice dated 6th of July, 2021 and the Originating Summons respectively in Suit No: HIK/25/2020.

 

That the said judgment was duly served on the National Chairman, National Secretary , National Legal Adviser of the Peoples Democratic Party (PDP) and the Chairman, Independent National Electoral Commission (INEC) on the 1st of December, 2021 vide a letter of notification dated 29th November, 2021 with caption ‘NOTIFICATION OF THE VALID AND SUBSISTING JUDGMENT AND REQUEST FOR FULL COMPLIANCE.

RE: SUIT NO: HIF/36/2021 (HON. OLASOJI ADAGUNODO VS. PEOPLES DEMOCRATIC PARTY & ANOR).’
That during the course of the legal battle challenging his unlawful removal from office Hon. Olasoji Adagunodo filed Seven (7) suits directly and connected thereto and upon pressure from stakeholders and leaders of the party directed his lawyer to withdraw the suits to which the following suits were withdrawn.

 

OSUN STATE HIGH COURT OF JUSTICE.
HIK/25/2020 – HON. OLASOJI ADAGUNODO VS. PEOPLES DEMOCRATIC PARTY & 3 ORS.

This suit cannot be withdrawn, neither can you commence any action leading to the proceedings of discontinuing or withdrawing this Suit HIK/25/2020 as the Court of Appeal is solely seized of the matter and more also Hon. Justice S.A Oke on the 29th of July, 2021 stayed further proceedings and/ or judgment in HIK/25/2020 pending the hearing and determination of Appeal No: CA/AK/94/2021 on request of the Defendants.

That in the ruling of Hon. Justice S.A Oke, he stated thus;’ it must be noted that Appellants Brief of Argument was filed on the 19th day of July, 2021 with Appeal No: CA/AK/94/2021 and as for such further or other orders as the Court of Appeal may deem fit to make in the circumstances of the suit or application. The Court of Appeal has the power to invoke Section 16 of the Court of Appeal Act. In view of the above reasons, Suit No: HIK/25/2020 is hereby stayed pending the result of the Appeal’.

That the Defendants are hereby advised to either file a Notice of Withdrawal of the Appeal and same struck out or for the Court of Appeal to hear and determine the appeal which has been adjourned to the 27th of February, 2022 for hearing.

 

“The Rule governing the control of proceedings during pendency of an appeal is that after an appeal has been entered and until it has been finally disposed of, the Court shall be seised of the whole of the proceedings as between the parties thereto and except as may be otherwise provided in the Rules, every application therein shall be made to the Court, and not to the Court below (i.e. the trial), but any application may be filed in the trial Court for transmission to the Court below. See Order 4, Rule 11. Thus, in pursuance of the above provisions of the Court of Appeal Rules, the trial Court will have no competence or jurisdiction to decide on any application whether on notice or ex-parte in relation to an appeal which the trial Court has become FUNCTUS OFFICIO. If the trial Court takes any step thereon, except for the purposes of transmitting the processes so filed to the Court of Appeal, that step taken will be declared a nullity…”

 

HIF/ 36/2021 – HON. OLASOJI ADAGUNODO VS. PEOPLES DEMOCRATIC PARTY & ANOR.

That Judgment in this suit was delivered by Hon. Justice Dr. A.A Aderibigbe of the High Court of Justice, Osun State sitting at High Court 2, Ile-Ife on the 22nd of November, 2021 which has foreclosed any form of withdrawal or discontinuance.

 

HIF/ 27/2021 – BARR. WALE OJO & 25 ORS VS. PEOPLES DEMOCRATIC PARTY & 3ORS.

This action was commenced by way of an Originating Summons on the 11th of August, 2021.

That on the 16th of August, 2021 and 19th of August, 2021 the 1st – 3rd Defendants/ Respondents filed a 101 paragraphs Counter-Affidavit deposed to by the 3rd Defendant/Respondent and Written Address and 8 paragraphs further-Affidavit, Notice of Preliminary Objection and a Motion on Notice on the 16th of August, 2021 respectively.

 

The Plaintiffs thereafter filed their response and a Notice of Preliminary objection challenging the competence of the said processes filed by Hassim Abioye for the Defendants on the ground of gross incompetence.

 

That when the matter came up for hearing before Hon. Justice R.A Siyanbola sitting in High Court 1, Ile-Ife on the defendants and their counsel were conspicuously absent.

 

The case file was subsequently returned to Chief Judge for re-assignment and same was reassigned to High Court 2, Ile-Ife for hearing.

Motion for discontinuance filed on the 8th of November, 2021 at the High Court registry, Ile-Ife and it was subsequently struck out on the request of stakeholders and leaders of the party and not on the incompetent processes filed by their counsel.

 

FEDERAL HIGH COURT, ABUJA
FHC/ABJ/CS/1241/2021 – ALHAJI FATAI AKINBADE & 23ORS. VS. H.E.RT.AGMADU UMARU FINTIRI & 3 ORS.
Notice of Discontinuance was filed on the 5th of November, 2021 at the Federal High Court registry, Abuja.

 

FCT HIGH COURT, ABUJA
FCT/CV/2257/ – HON. OLASOJI ADAGUNODO VS. PEOPLES DEMOCRATIC PARTY (PDP) & ANOR.
Has been withdrawn.

 

COURT OF APPEAL, AKURE.
CA/AK/114/2021 – HON. OLASOJI ADAGUNODO VS. PEOPLES DEMOCRATIC PARTY (PDP) & 3ORS.

Has been withdrawn and struck out on the 30th of November, 2021.

 

SUPREME COURT OF NIGERIA
SC/CV/305/2021 – HON. OLASOJI ADAGUNODO VS. PEOPLES DEMOCRATIC PARTY (PDP) & 3 ORS.

Has been withdrawn vide a Notice of Withdrawal filed on the 25th of November, 2021 at the registry of the Supreme Court, Abuja.

 

PUTTING THE DISTORTED LEGAL ISSUES STRAIGHT

1. Hon. Olasoji Adagunodo was removed by the NWC based on unseen recommendation of a sub-committee of the NWC headed by the former National Legal Adviser and not a National Disciplinary Committee with a 7 man composition, (as stipulated by the PDP constitution)

2. That there is no provision in the PDP Constitution with the phrase ‘STEP-ASIDE’ and ‘ VOTE OF NO CONFIDENCE ’ as disciplinary measures.

3. That there is no known provision as ‘Article 49(6)’ in the whole of the Peoples Democratic Party Constitution 2017 relied upon by the self-acclaimed PDP Legal Committee.

4. The Court of Appeal, Akure on the 5th of March, 2021 in his judgment set-aside the interim Order granted on the 3rd of November, 2020 but did nothing on the Preservative Order of Mandatory injunction of 9th November, 2021.

5. The Processes and hearing notices leading up to the delivering of the judgment on the 22nd of November, 2021 were duly served on the Defendants in Suit No: HIF/36/2021.

6. The grounds of Appeal in SC/305/2021 bothers on the setting aside of the interim order granted on the 3rd of November, 2020 and not the Preservative Order granted on the 9th of November, 2020.

7. The contention of Hon. Olasoji Adaunodo’s counsel at the Supreme Court was to the effect that the Interim Order which was set-aside was not a live issue upon which the Court of Appeal, Akure assumed jurisdiction.

8. That the said interim order was no longer in existence on the 9th of November, 2020 when it was converted to Preservative Mandatory

9. That it is a display of legal bankruptcy, bereft of sound legal mind and shame on anyone more also when such a person or group of persons pride themselves as Legal Committee of Osun PDP to state that ‘ Proceedings in HIK/25/2021 had been stayed effectively by a court of competent and co-ordinate jurisdiction before filing HIF/36/21, as such the whole of HIK/25/2021 or any part thereof cannot serve as a litigating point in any subsequent suit until the said suit is finally determine especially when there is a pending appeal in respect of same.

10. That the court ordered thus ‘AN ORDER of this Honourable Court recognizing and affirming all actions taken by the Plaintiff Hon. Olasoji Adagunodo as the only valid and lawful actions as Chairman of the Peoples Democratic Party, Osun State Chapter pending the determination of the Notice of Preliminary Objection, Motion on Notice dated 6th of July, 2021 and the Originating Summons respectively in Suit No: HIK/25/2020.’in his judgment delivered on the 22nd of November, 2021.

11. That by virtue of the said judgment it means that Hon. Olasoji Adagunodo was the only valid and substantive Chairman of the Peoples Democratic Party, Osun State Chapter as at 22nd of November, 2021.

12. That in compliance with Article 45 (2) & (4) of Peoples Democratic Party (PDP) Constitution,2017 as amended and pursuant to the appointment of Hon. Olasoji Adagunodo as the National Vice-Chairman, Peoples Democratic Party (PDP), South-West, Zonal Headquarters and his subsequent resignation as the State Chairman of the Peoples Democratic Party (PDP) Osun State in view of the Judgment of Hon. Dr. A.A Aderibigbe in Suit No: HIF/36/2021 delivered on the 22nd of November, 2021.

Hon. Olawale Ojo became the Acting State Chairman being, the State Vice Chairman, Osun East Senatorial District pursuant to the combined effect of Section 45 (2) and (4) of the Peoples Democratic Party (PDP) Constitution, 2017 as amended, which provides thus:
(2) ‘In the case of the National Chairman, he shall hand over to the Deputy National Chairman from his own region/part of the country who shall, without prejudice to Section 47 (6) of this Constitution, act as the National Chairman pending the election of a replacement’

(4) This provision shall apply mutatis mutandis to other levels of the Party structure.

 

Take Notice that any action(s) taken by any other person, henceforth apart from Hon. Olawale Ojo on behalf of the party amounts to a nullity, an exercise in futility.

 

Take Further Notice that Hon. Olawale Ojo is the Acting Chairman of the PDP Osun State Chapter by virtue of Section 45 (2) & (4) of the PDP Constitution 2017, as amended without prejudice Article 47(6) of the Constitution.

 

Signed.

Dr. Ayoade Adewopo, Esq.