…Says ‘Judgment On Appeal Still Pending’
The Osun State chapter of the All Progressives Congress (APC) has stated that it would not give up in deflating the balloons of lies being peddled by the state chapter of the Peoples Democratic Party (PDP) with reference to the court ruling in Osogbo yesterday.
It was a thing of worry that the PDP handlers and their cohorts who are supposed to know are a bundle of disappointment to the right-thinking members of the society.
It is not unusual for a discerning mind to question how the hitherto State of the Virtuous got to this unfortunate level of becoming a laughing stock among the comity of states in Nigeria?
We shall not hesitate to continue to educate the rumour peddlers that the reliefs we sought, among others are, in view of Section 138(1) of the Electoral Act, 2022 which is a completely new section introduced into the 2022 Electoral Act, the plaintiffs have a right to remain in their respective offices pending the final determination of their Appeal No. CA/AK/270/2022, between the APC & 3 Ors v. the PDP & 3 Ors which is still pending at the Court of Appeal, Akure Division, Ondo State.
Whether by the effect of this section, the steps being taken then by the PDP-controlled government to appoint caretakers for the Local Government Councils in Osun State while Appeal No. CA/AK/270/2022, between the APC & 3 Ors v. the PDP & 3 Ors is still pending in the Court of Appeal, Akure Division, is not in contravention of the rights conferred on the plaintiffs by virtue of the said Section 138(1)?
Thus, if the court resolves same in favour of the plaintiffs, the emoluments of the plaintiffs be directed to be paid.
This section directs that where elections are nullified pursuant to the provisions of the Electoral Act, 2022, the elected persons whose elections were nullified shall remain in office pending the time their appeal will be finally determined if they appeal.
The elections were on 15th October, 2022 nullified pursuant to Sections 24, 79, 150 of the same Electoral Act, 2022 and an appeal was filed and being prosecuted till date.
It was the APC and others that appealed in the Appeal case No. CA/AK/270/2022 and the plaintiffs in this suit were the elected officers who sought to seek succour under the law.
The reliefs were never sought by any suit before and the OSSIEC was never a party in the suit. This is a new Section of the Act which had never been tested before any court of law.
However, the court declined jurisdiction and at the same time held that the same was an abuse of court process.
The Court awarded costs of N200,000.00K against the plaintiffs and also awarded the cost of one million naira against the counsel to the plaintiffs after it had declined jurisdiction over the matter.
The rumour that the costs were awarded against the counsel for misconduct is unfounded.
Simple tradition is when a court delivers a judgment, exercise of rights extend beyond such a trial court until the final determination.
Meanwhile, this response is necessary to correct the devilish and monumental misinformation being peddled by the state PDP data boys which prompted this detailed explanation.
We, as a party, are not given to thuggery but civilized manner of expressing grievances such that are in tandem with the democratic principles which are in vogue where democratic ideal is the pivotal of governance globally.
In view of the foregoing, the members of the public, the APC members and supporters of our party are therefore, advised to ignore the misinformation being spread by the agents of the rudderless reigning PDP-led government in Osun State as it is not only diversionary but misleading.
As it is axiomatic worldwide that there is no known nexus between sentiment and justice, we are hopeful that justice would not only be served in the prevailing circumstances, it would be seen to be genuinely served as fervent believers in the inalienable powers of the judiciary to dispense justice despite the ceaseless ranting of the political buccaneers in the political firmament of Osun State.
e-SIGNED:
Mogaji KOLA OLABISI, Osun State APC Director of Media and Information
