Justice Abdulkadir Abdul-Kafarati of the Federal High Court, Abuja has ordered the Peoples Democratic Party (PDP) and the Independent National Electoral Commission (INEC) to remove the name of erstwhile Governor of Osun state, Prince Olagunsoye Oyinlola from their records as the party’s National Secretary.
In his ruling on Friday, the judge also stated that the nomination of Professor Adewale Oladapo as Oyinlola’s replacement by the Southwest PDP is proper and in line with the earlier judgment given by the court on 11th January 2013.
The Ogun State chapter of PDP had initiated a contempt proceeding against Oyinlola and two others over his continued claim to the office, despite the January court injunction ordering his removal from office.
The applicants had also accused factional Chairman of the party, Kawu Baraje and a former member of the National Working Committee (NWC), Dr. Sam Jaja of conspiring and aiding Oyinlola in his continued claim to being National Secretary of the PDP (including the purported new PDP) and his authorship of letters and notices in that capacity, which amounted to deliberate violations of the court’s orders in its judgments of 27th April 2012 and 11th January 2013.
Asides praying the court to commit Oyinlola, Baraje and Jaja to prison for one year or any period at the preference of the court as punishment for their action, they asked the court to give an order compelling the party’s national body and INEC to recognise Oladipo as Oyinlola’s replacement as National Secretary.
In granting the applicants’ prayers, Abdul-Kafarati discountenanced arguments by Oyinlola and PDP that the court was funtus officio, having earlier delivered a judgment in the case and held that the fresh application was neither meant to reopen the case nor effect changes in the earlier judgment, but to regularise the steps taken in compliance with the judgment.
Ruling on Oyinlola’s argument that the court could no longer consider the application because he had appealed the judgment, the judge held that the application would have no effect on the judgment and the appeal filed.
