A Federal High Court in Abuja has stopped the Independent National Electoral Commission, INEC, from publishing names of nominees of the Peoples Democratic Party, PDP, for national and state assembly elections from Ondo State.
Justice Ahmed Mohammed issued the preservative order on December 30, 2014, Tuesday, after listening to contempt proceedings initiated against the electoral body by the Olu Ogunye-led executive and some aspirants to the House of Representatives.
According to Thisday newspaper report online, the contempt proceedings against INEC and the national PDP, its National Chairman, Alhaji Ahmed Mu’azu and the National Secretary, Prof. Wole Oladipo emanated from an order of the court directing them to relate with the Ondo State PDP executive headed by Ogunye in respect to the conduct of primaries and election.
But rather than comply with the said order of Justice Adeniyi Ademola, the alleged contemptnors received two lists of nominees from the PDP national body and the plaintiffs.
In moving the application for contempt on behalf of the plaintiffs, Mr. Ajibola Oluyede, insisted that INEC violated the order of the court made on December 18.
However, counsel to INEC, Ibrahim Bawa, argued that the commission was not in contempt of any order of court as there was no expresses order stopping INEC from receiving nomination list from the PDP national body.
Besides, he argued that the electoral body acted in accordance with the provisions of section 31 of the Electoral Act 2010.
He said: “We are only guided by the position of the law that we should receive nomination list of candidates from the national headquarters of political parties.”
In his ruling, Justice Mohammed held that “none of the parties should do anything that would render the subject matter of the suit a nugatory till Tuesday, January 6, 2015.”
Justice Mohammed however declined to pronounce on the contempt in view of the existence of divergent interpretations on the order issued by Justice Ademola by both counsel.
However, he said in view of the urgency of the matter and the time limit for submission of candidate list, there was need to preserve the subject matter of the suit.
Justice Ademola of a Federal High Court had earlier sacked the executives of the ruling PDP put in place by Governor Olusegun Mimiko of Ondo State after he defected to the party.
Members of the sacked Ondo State PDP executive led by Mr. Clement Faboyode are Messrs Banji Okunowo, Mr. Kunle Olowu and Abayomi Opeoluwa.
Justice Ademola had subsequently ordered the national PDP, its National Chairman, Mu’azu, National Secretary of the PDP, Prof Wale Oladapo, the INEC and the Inspector General of Police (IG) to relate immediately with the Ondo State PDP executive headed by Dr. Ola Ogunye in respect to the conduct of primaries and elections to various offices in the state pending hearing of motion on notice.
It would be recalled that another high court judgment had earlier recognised Ogunye-led executive as the authentic leadership of PDP in Ondo State.
The court specifically ordered that the relevant authorities should deal with the Ogunye-led executive in the conduct of primaries into the offices of state House of Assembly, House of Representatives and the Senate.
The high court also ordered that the relevant authorities must also relate with the Ogunye leadership of the PDP in Ondo with respect to the running of affairs of the PDP in the state pending the hearing of the motion on notice in the case.
Specifically empowered by the court to run the affairs of the Ondo chapter of the PDP are Olu Ogunye as the party’s chairman, Tunji Muje as its auditor, Mr. Gani Muhamed as publicity secretary and Ademuji Rotimi as assistant PRO.
Others are Ore Olowoneye as financial secretary, P O Akinbohun as legal adviser to the party and Ajibola Owoeye organising secretary to the state PDP.
Ogunye was given the legal imprimatur to conduct primaries into the listed offices and run the affairs of the Ondo PDP moments after the high court issued an order stopping members of the Faboyode Executive Committee from “parading themselves as Chairman, Auditor, Publicity Secretary, Assistant Public Relations Officer, Financial Secretary and Legal Adviser respectively”.
The court had also ordered them to stop forthwith from performing any function relating to the listed offices of the Ondo chapter of the ruling PDP pending determination of the motion on notice.
