The Court of Appeal sitting in Akure today dismissed the Appeal filed by elected 18 Local Government Chairmen in Ondo State elected on the platform of Peoples Democratic Party, (PDP).
The appeal was heard by Three man panel of Justices of the Court of appeal sitting in Akure consisting of Hon. Justice M. A Danjuma, Justice R M. Abdullahi and Justice P. A. Mahmoud as members. Justice M. A. Danjuma in his lead Judgment upheld the part of the Preliminary objection to the Jurisdiction of Court of Appeal filed by Sir Charles Titiloye who is the Counsel appearing for the 6th to 8th Respondents that is the Attorney General of Ondo State and Ondo State Independent Electoral Commission, (ODIEC). Sir Charles Titiloye had argued that the former local Government boss and councillors lacks the locus standi to appeal to Court of appeal on the issue of Counsel representation before the trial Court in respect of another political party that is PRP which is different from the party that sponsored the appellants for the local government election.
The dissolved PDP local Govt. council boss had appeal the dissolution of local Govt council by Ondo state High Court as interested party on the ground that Counsel who filed the action on behalf of PRP at the lower Court did not receive the blessings of the PRP at the national level. It will be recalled that the Ondo State High Court, sitting in Akure dissolved the 18 Local Government Council of Ondo State in 2017 based on a suit filed by PRP that the party was unlawfully excluded from participating in the local government election in Ondo State.
The Court of appeal held that parts of the grounds contained in the Notice of appeal of the dissolved local government boss was incompetent and struck them out along with issues formulated by the lead appellants Counsel, Chief Ifedayo Adedipe SAN relating to Counsel Representation for PRP.
The Court of Appeal ruled that the election that brought the PDP local Government boss and councillors into office was an act of illegality and no enforceable right can be based on the said election conducted in flagrant disregard of the Federal High Court orders that PRP is a registered political party entitled to nominate candidates for the said election.
The Court appeal further noted that the case before the lower Court was a pre- election matter and the amendment of reliefs granted by the trial Court to include consequential reliefs which allowed it to dissolve the local government Council and invalidate the election conducted in contravention of orders of Court and pending case in Court was in order and valid.
The Court rejected the contention of Ifedayo Adedipe SAN that the trial Court lacks jurisdiction to have entertained the case in view of the fact that it is not an election petition tribunal recognised by the constitution. The Court of appeal in resolving this issue in favour of Respondent's Counsel Charles Titiloye Esq noted that the cause of action in the case involves sponsorship and nomination of candidates for election, it is therefore a pre- election matter within the jurisdiction of Ondo state high court and not election petition tribunal.
The Court earlier on had ruled on the preliminary objections filed by Femi Emodamori, counsel to one of PRP candidate on failure of the appellants to attach lawyers seal to the appellants notice of appeal and filing of the notice of appeal before the High Court instead of the Court of appeal. The court of appeal dismissed both objections as lacking in merit. The court of appeal also dismiss similar objections filed by Sola Oke Esq. challenging on behalf of the appellants the Respondents brief filed by Charles Titiloye Esq.
The court appeal having resolved all the remaining issues in favour of the Respondents in the appeal dismissed the appeal filed by the former PDP Local Government boss and their councillors and affirmed the 2017 decision of the Ondo State High Court, Akure dissolving the 18 Local Govt Council in Ondo state.
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