*Returns case file to Chief Judge
A governorship aspirant of the Peoples Democratic Party (PDP) in Ondo State, Jimoh Ibrahim has suffered a set back in his bid to have the Independent National Electoral Commission (INEC) accept him as the actual candidate of the party for the forthcoming gubernatorial election in the state.
Ibrahim was reported to have emerged as the winner of the Ondo governorship primary conducted on Monday in Ibadan, Oyo State, by the Ali Modu Sheriff faction of the PDP.
On Thursday, Justice Okon Abang of the Federal High Court, Abuja declined to hear Ibrahim's motion for an interlocutory injunction, to among others, restrain the Ahmed Makarfi faction of the party from presenting candidate for the election pending the determination of his substantive suit.
Ibrahim is, by the substantive suit marked: FHC/ABJ/CS/591/2019, seeking to among others, restrain the Makarfi faction of the PDP from organizing primary and presenting a candidate for the party in the governorship election slated for November.
Ibrahim instituted the suit in his name and PDP, with Mkarfi, Ben Obi, Odion Ugbesia, Abdul Ningi, Karibu Usman, Dayo Adeyeye, Alhaja Aisha Aliyu and the Independent National Electoral Commission (INEC) as defendants.
He hinged his prayer on a purported subsisting order of the court made in the suit marked: FHC/ABJ/CS/439/16, by Chief Benson Akingboye and Hon. Ehizuwa Agbonayina, directing INEC to deal with the Sheriff faction in relation to candidates for the Ondo and Edo governorship elections.
When the case was called on Thursday, Ibrahim's lawyer, Oladele Oyelami informed the court that his client has effected service of processes (court documents) and notice of hearing on the respondents through substituted means, by publishing them in two national dailies, as earlier directed by the court.
Oyelami however, failed to exhibit copies of the newspaper publications in court.
Ruling, Justice Abang, who currently sits as the court's vacation judge, noted that, because he has up to September 9 to act as the vacation judge, it was practically impossible for him to hear and render his opinion on the suit, including the motion for interlocutory injunction.
"Therefore, the only option left for the court is to return the case file to the Honourable Chief Judge of the Federal High Court for re-assignment after the court's 2016 long vacation,"
Meanwhile, the PDP in Ondo State has petitioned the National Judicial Council (NJC), questioning Justice Abang's handling of the case filed by Akingboye and Agbonayinma
Ondo PDP's Secretary, Chief Oyedele M. Ibimi, who endorsed the petition dated July 21, 2016, urged the NJC, under the leadership of the Chief Justice of Nigeria (CJN), Justice Mahmoud Mohammed, to investigate Justice Abang's conduct in his handling of the case and set aside orders earlier made by him in the case by Akingboye and Agbonayinma.
The CJN has since acknowledged the receipt of the petition. Justice Mohammed, in an acknowledgment letter dated July 27, 2016, with reference No: NJC/F.3/FHC. 44/III/504A, informed the petitioner that "action is being taken, please."
However, the Ward Chairman of the Peoples Democratic Party (PDP) in Igbotako II Ward 04 in Okitipupa Local Government Area, Ondo State, Alhaji Usman Lawal has applied to be joined as defendant in the suit filed by Ibrahim.
Lawal, who claimed to be Ibrahim’s cousin and the Ward Chairman of the party in Igbotako II Ward 04 in Okitipupa Local Government Area, Ondo State, questioned his right to sue as a member of the PDP and in the party’s name when he is not a member of the PDP.
The Chairman, who exhibited the register of the party’s members in his Ward, said Ibrahim’s name is not contained in the register. He said Ibrahim belonged to a party called Accord and has not obtained an
Jimoh Ibrahim
