Ibadan – The hope of Senator Buruji Kashamu to represent the Peoples Democratic Party ,PDP, as the gubernatorial candidate for the 2019 election dimmed Tuesday following a judgment by the Appeal Court that set aside the lower court judgment which had recognized him as the party’s candidate.
According to the judgment which was delivered by the appellate court in Ibadan, Sen. Buruji Kashamu and other candidates in the Adebayo Dayo-led faction of the Ogun State Peoples Democratic Party (PDP) may not fly the party’s ticket unless a superior court nullifies the latest judgment.
The judgment has given hope to Hon. Oladipupo Adebutu and others who won in the party’s primaries.
The three-man panel also ordered that the case be reassigned to another judge noting that Justice Abubakar Shittu who delivered the earlier judgment failed to look into some issues.
According to Justice A. B. Bada who led N. Okoronkwo and Justice H. S. Samani, the PDP and other appellants were right when they argued that they were not properly served in the case.
The court held that, “From the above analysis, I have no doubt that the process was not properly served. It is settled in law that where there is no service or proper service, the claimed service is a nullity and any decision based on that is a nullity.”
“This puts the appellants in a situation where their fundamental human right for fair hearing is breached.”
Consequently, he declared the lower court’s decision a nullity.”
Also, Justice Samani who held a similar view with his colleague stated, “It is an exact thing that must be undertaken. The bailiff must prove that he has found the exact person the service is meant for, who, in this case, the court stipulated must not be lower in rank than Secretary of the party”.
In its prayers to the appellate court, the PDP prayed the court to set aside the judgment on the grounds that they were not properly served the processes of the court.
The court reasoned that the appellant not lower than the rank of Secretary should have been served. But in this case the party’s National Chairman or Secretary was not served before the judgment was delivered.
The appellate court said the issue of proper service is a fundamental requirement in the judicial process and cannot be overlooked.
The panel added that it would have been a different matter if the bailiff had proved that it tried to serve the appellants but that they evaded service.