*Judge, lawyer in shouting match as Ibrahim’s counsel withdraws

By Ikechukwu Nnochiri

ABUJA—The three-man Special Panel of the Abuja Division of the Court of Appeal, yesterday, reserved its judgment on dispute over the governorship ticket of the Peoples Democratic Party, PDP, in Ondo State.

Eyitayo Jegede and Jimoh Ibrahim

The Justice Ibrahim Salauwa-led panel adjourned to give verdict on appeal one of the contenders for the ticket, Mr. Eyitayo Jegede, SAN, lodged before it, amid serious protest from the Ali Modu-Sheriff faction of the PDP.

Six chieftains of the PDP in the South West States, led by Chairman of the party in Ondo State, Prince Biyi Poroye, had through their lawyer, Mr. Benson Nwufor, SAN, vehemently opposed decision of the panel to hear Jegede’s appeal yesterday.

Nwufor, SAN, insisted that hearing the appeal would amount to the panel engaging in an act of “judicial rascality”, contending that the Supreme Court was already seized with the whole proceeding.

Besides, he said his clients were yet to file their response to the appeal, which he said was not ripe for hearing.

“In view of the unchallenged facts brought to the notice of this court that an appeal against the ruling granting leave to the appellant to appeal the high court judgment, which this court made on November 10, is already before the Supreme Court and has been entered.

“It is therefore our position that this court has lost its jurisdiction to continue with this matter. By order 5 Rule 11 of the Supreme Court Rules 1985, as amended, the Supreme Court is now seized of the whole of this proceeding as between the parties herein.

“It is also an undisputed fact that a motion on notice for staying of all further proceedings and further hearing in this appeal is pending at the Supreme Court and has been drawn to the notice of this court,’’ he said.

However, the panel, rejected his submission, even as it gave Jegede’s lead counsel, Chief Wole Olanipekun, SAN, the nod to adopt his processes in the appeal.

Olanipekun had urged the court to ignore Nwufor’s submissions, which he said lacked merit and substance.

He maintained that the appellate court had a constitutional responsibility to do justice in the case, saying the court would be abdicating its duties should it allow itself to be stampeded into handing-off the matter.

Meanwhile, the proceeding got heated after Nwufor and head of the Panel, Justice Salauwa, engaged in a shouting match.

Nwufor, who was earlier given two minutes to address the court on why Jegede’s appeal should not be heard, became enraged after Justice Salauwa ordered him to sit down before the expiration of the time.

“I said you should sit down! Sit down! I said you must sit down”, Justice Salauwa shouted at him.

“No my lord I won’t sit down! I will not sit down! I was given two minutes and I have to use my time! I will not sit down”, Nwufor shouted back.

Tension that ensued forced the panel to stand down the matter for 10 minutes.

When the court reconvened, Justice Salauwa said the panel would not hand off the appeal, saying their decision was anchored on the decision of the Supreme Court in Agumagu vs NJC.

The court said it was also minded to hear a joinder application by another contender for the PDP Ondo ticket, Mr. Jimoh Ibrahim.

According to Justice Salauwa, “what transpired this morning is most unfortunate coming from someone who should know better, being a senior lawyer”.

Meantime, following determination by the panel to go on with hearing in the appeal, Jimoh’s lawyer, Mr. J. A. Badejo, SAN, applied to withdraw from the matter on personal reasons.

“At this stage I want to return the case files to my client. I have looked at everything dispassionately. I have my integrity and conscience to protect. I am not enjoying this proceeding so I want to leave. I am withdrawing”, Badejo stated.

Consequently, Jimoh Ibrahim’s application was struck out by the panel.