The Court of Appeal, sitting in Abuja, has allowed the application filed by the factional candidate of the Peoples Democratic Party (PDP), Eyitayo Jegede, to challenge the judgment of Justice Okon Abang of the Federal High Court.
In the lead judgment by Justice Ibrahim Salauwa, it held that Jegede had been able to prove to the court that he was affected by the judgment of the lower court.
The full panel of the court, in a unanimous decision, upheld the submission of the applicant and granted it as prayed.The panel held that the notice of appeal filed by Jegede should be deemed as properly filed and that the applicant should file and serve all his applications on the respondents within 24 hours.
The respondents were however, given three days to reply.The court held that no litigant has the power to challenge the administrative power of the appellate court’s president to set up a panel to preside over a matter.
The panel ruled that the president of the court does not need to consult the litigants before setting up a fresh panel.The court dismissed the application for lacking in merit.
The Makarfi-led faction was the first to submit the name of its candidate to the INEC. Jegede had prayed the court to reverse the ruling which compelled the Independent National Electoral Commission (INEC) to remove replace Jegede with Jimoh Ibrahim.
The court had earlier dismissed an application by the Ali Sheriff-led faction of the PDP seeking the disbandment of the new panel to hear the appeals. The President of the Court of Appeal, Justice Zainab Bulkachuwa, had set up the new panel to preside over the matter.
__________
Follow us on Twitter at @thesignalng
Copyright 2015 SIGNAL. Permission to use portions of this article is granted provided appropriate credits are given to www.signalng.com and other relevant sources.
