The Court of Appeal in Abuja has set aside an earlier judgment of the Federal High Court given in favour of a factional gubernatorial candidate of the People’s Democratic Party (PDP) in Ogun State, Oladipupo Adebutu.
In a judgement on Friday, a three-member panel of the Appeal Court held that Justice Taiwo Taiwo of the Federal High Court, Abuja (now retired) was wrong to have declined jurisdiction to entertain a suit by Jimi Adebisi Lawal.
Lawal is, by his suit, challenging the PDP’s utilisation of a delegates’ list, in the conduct of the primary election on May 25, 2022 as against the list of delegates, who were democratically elected for that purpose at the ward congresses.
Delivering the lead judgment of the Court of Appeal on Friday, Justice Biobele Georgewill held that the issue in the case is pre-election related, over which the Federal High Court has jurisdiction.
Justice Georgewill proceeded to make an order remitting the case to the Chief Judge of the Federal High Court for the hearing of the case on the merit.
The judge held that since the trial court failed to decide the suit on its merit and the period of 180 days, for determination of pre-election cases, is still running, suit should be remitted to the Chief Judge of the Federal High Court for prompt assignment to another judge for trial.
Other members of the panel, Justices M. Mustapha and Danlami Senchi agreed with the lead judgment
