*Court declares Olurin authentic PDP guber candidate
*PDP hqs appeals against the judgment

By KOLADE OLAREWAJU & IKECHUKWU NNOCHIRI

ABUJA-THE political legacy of Governor Gbenga Daniel in Ogun State was under threat, yesterday, after a Federal High Court in Abuja ordered the Independent National Electoral Commission, INEC, not to recognize any candidate of the Peoples Democratic Party, PDP, who emerged from the primary election of the faction of the party loyal to him.

The court which ruled that the Chief Joju Fadairo led Executive Committee of the party loyal to Daniel was illegal said that any action of that body amounted to a nullity.

While okaying the list of candidates hitherto submitted to the INEC by the Dayo Soremi-led harmonized committee of the PDP in Ogun State, the court equally declared Chief Adetunji Olurin as the authentic gubernatorial candidate of the party for the impending general elections.

The ruling, in effect, nullified the gubernatorial aspirations of Chief Adegboyega Isiaka favoured by Daniel to succeed him and the outgoing Governor’s plan to proceed to the Senate at the end of his tenure in May.
Daniel was the unanimous senatorial candidate of his faction to stand as the PDP candidate in the Ogun East Senatorial election.

The judgment also confirmed the candidacy of all those aligned to the Olusegun Obasanjo camp including the former President’s daughter who is standing for re-election as Senator for Ogun Central Senatorial district.

Olurin declares reconciliation

However, while the judgment was immediately welcomed by Chief Olurin who declared a reconciliation bid with a sing song, “No victor, no vanquished,” the Daniel camp objected to the verdict and came to court with a notice of appeal of the judgment.

Justice Abdul Kafarati who delivered judgment on the matter said he was convinced that the Chief Fadairo led committee lacked the locus-standi to conduct parallel primary election in Ogun State considering that it was ab-initio dissolved by the National Working Committee of the PDP.

While dismissing the contention of the PDP that an Abeokuta High Court earlier quashed its decision to dissolve the Fadairo led committee, Justice Kafarati maintained that whereas the said high court order was issued on August 11, 2010, the PDP had through a letter dated July 9, 2010, dissolved the committee and ordered an immediate constitution of a harmonized executive committee that it gave mandate to run its affairs in Ogun State.
He, therefore, faulted the propriety of the said restraining order that was heavily relied upon by the PDP to insist that it would only recognize list of candidates forwarded to it by the Chief Fadairo-led executive committee.

PDP harmonization

Justice Kafarati said: “An injunction cannot be issued to restrain an already completed act. Since the harmonizations ordered by the PDP have already taken place, that restraining order ought not to have been made by the Abeokuta high court in suit No AB/166/2010, -Chief Joju Fadiro& 28 ORS Vs Dr Okwesilieze Nwodo & 5 Ors.
“Going by the proof of evidence adduced before this court, the Joju Fadairo committee was validly dissolved by the PDP and the plaintiffs wouldn’t have participated in any primary conducted by the already dissolved committee as same would have amounted to a nullity.

“More so, there was order made by a Federal High Court in Lagos on September 21, which had restrained the Joju Fadairo committee from conducting any primary election in Ogun State pending the hearing and determination of the motion on notice before it. That order is still subsisting until it is set-aside.

“Therefore I hold that the originating summon filed by the plaintiffs before this court succeeds and I hereby grant the reliefs as sought by the plaintiffs”.

Meantime, barely few minutes after the judgment was delivered, the PDP through its counsel, Chief Lateef Fagbemi, SAN, served its notice of appeal on counsel to the plaintiffs, Chief Olagoke Fakunle, SAN.
The party which pre-empted the way the judgment would go came to court with its prepared notice of appeal wherein it faulted the verdict of the high court on six main grounds. The party insisted that “the learned trial judge erred in law in granting the claim of the plaintiffs without appreciating the fact that the plaintiffs’ suit was not properly constituted as necessary parties were not before the court, which feature robbed and still robs the court of jurisdiction.

It stated: “Court must have competence before it can adjudicate on the matter before it, and no court has jurisdiction to make any decision or pronouncement that will affect the interest of persons not a party before it. In the claim and affidavit evidence of the plaintiffs, several allegations including that of collusion were levelled against the Chief Joju Fadairo-led Executive Committee of the party in Ogun State and the appellant jointly.

Party to proceedings

“Chief Joju Fadairo or any member of his committee was not made a party to the proceeding. In the absence of Chief Joju Fadairo or his executive committee, the court cannot make any decision or resolution that can affect his interest and there is no way a meaningful decision affecting the Appellant can be made without joining the Joju Fadiro led Executive. The learned trial judges erred in law in granting the claim of the plaintiffs without appreciating the fact that the plaintiffs’ suit was incompetent in the party in its electoral guideline”.
Consequently the party is asking an Abuja Division of the Court of Appeal to make an order setting aside the decision of the trial court as well as an order dismissing the case of the plaintiffs.

Listed respondents in the appeal were the plaintiffs, Chief Adetunji Olurin, Babatunde Fadun, Hon. Dave Salako, Mr. Wale Solaja, Seun Adesanya as well as the INEC, as the 1st to 7th respondents respectively.

PDP which had challenged the suit, refuted claims of the plaintiffs, stressing that it never dissolved the Fadairo led committee in Ogun State. The party told the trial court that it does not recognize the said harmonized committee or its list of candidates, vowing that nothing would make it to issue tickets to the faction loyal to former President Olusegun Obasanjo.

The party said: “The plaintiffs concealed from this court the fact that an Abeokuta High Court in suit No AB/166/2010, – Chief Joju Fadairo & 28 ORS Vs Dr Okwesilieze Nwodo & 5 Ors, restrained the PDP from dissolving or interfering with the Chief Joju Fadiro Executive Committee of the party in Ogun State.  My lord whatever action or decision that body took in respect of the forthcoming gubernatorial election in Ogun State is illegal and same is not binding on the PDP. Therefore any candidate that emerged from the said process will not be recognized or sponsored by the party” the PDP argued.

Reacting to the judgment, Olurin pledged to pursue a policy of reconciliation with a theme of “no victor, no vanquished.” Olurin who addressed newsmen at the Olurin for Governor Campaign Office in Abeokuta said: “We give thanks to Almighty God. This victory today at Abuja is victory for all in Ogun State, it is victory to PDP as a big family. It is victory to the citizens and people of Ogun State. I want to assure everyone that with this judgement there is no victory, no vanquished.”

Isiaka rejects judgment

Isiaka on his part rejected the judgment pledging that he would appeal the judgment. He said: “We are going to appeal the judgment. Our lawyers are in court and would advise us on the next line of action. There is no end to the matter yet. We are open to options. We will explore all options and one of them is appeal. They cannot get away with it. The judgment did not align with the arguments posited by our team of lawyers.”