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Re: Clarification On Appeals - Politics - Nairaland

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Re: Clarification On Appeals by Kavuki: 9:15pm On Dec 04, 2017
RE: CLARIFICATION ON APPEALS


The press statement with the above title refers:


1. First, that an otherwise professional lawyer and an academic would gleefully descend into the arena as if he is the spokesman of any of the PDP factions in Ogun State is most saddening.


2. That he could publicly declare that the justices of the Ado-Ekiti Division of the Court of Appeal asked the South West Zonal Vice-Chairman, Chief Makanjuola Ogundipe which faction he belonged is a classic example of joining the fray from the high pedestal of the temple of justice.


3. It is also laughable that an Associate Professor of Law would publicly say that the beneficiaries of a full and final judgment cannot enjoy a valid and subsisting judgment of court that has not been stayed by the Court of Appeal. Yet, he wants the public to believe that his clients who have an interim order staying the orders of a FHC, Ado-Ekiti in a different matter enures to the benefit of his clients. Besides, the mere  pendency of an appeal without an order for stay of execution of a subsisting order/judgment does not in anyway invalidate an order or judgment of court.


4. It should be noted that while the dismissed appeal which Oke and his clients are desperately seeking to relist in Lagos is the foundation of the case they sought to stall in Ado-Ekiti, what they have done is no more than cutting leaves (not even the stem) of a tree while its roots in Lagos which is the subsisting and valid order and judgment of the FHC, Lagos - the appeal against which has been dismissed and all efforts to have it relisted have failed and the application adjourned till 12 of April, 2018!


5. In their state of confusion, the lawyer wrote that the tenure of the Ogundipe-led zonal exco will expire in March, 2018. Isn't that an own goal? So, they (including their lawyer, Dr. Yemi Oke) know that tenure of the Ogundipe-led zonal exco subsists, yet they want to ride roughshod over it. Anyway, we can pardon their (honest?) error. For their information, the tenure of the Ogundipe-led zonal exco expires on the 11th of October, 2018, having been elected on the 11th of October, 2014 in Ibadan, the Oyo State capital.


6. On the Ogun State exco and the letter purportedly written by INEC, there is no point issuing vague threats. We challenge Oke to publish it. We do know that INEC did not recognise Sikirulai Ogundele. INEC only wrote in response to a letter written by the Engr. Adebayo Dayo-led Ogun State PDP Exco which warned INEC against the consequences of monitoring the sham congress held in Ogun State last month after stating in black and white that it deal exclusively with the Dayo-led Ogun State PDP following the judgment of the court in FHC/L/CS/636/2016. Till date, the Ogundele group which Oke represents does not have the legitimacy either from the people or relevant institutions, or court order or judgment validating it. It is ONLY the Engr. Adebay Dayo-led Ogun State PDP Exco that has subsisting orders and judgment in its favour even up till the Court of Appeal - and till this moment - just like the Chief Makanjuola Ogundipe-led Southwest zonal exco.

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