A High Court sitting in Akure, the Ondo State capital has restrained the Independent National Electoral Commission from removing the name of Mr. Eyitayo Jegede (SAN) as candidate of the Peoples Democratic Party, PDP, for the November 26, 2016 governorship election.
Justice William Olamide gave the ruling on Thursday based on a motion for Exparte Order, brought before the court by the Clement Faboyede-led PDP faction in the state.
Earlier, an Abuja High Court, on October 15, ordered the electoral commission to remove Jegede’s name for the name of the candidate of the Ali Modu Sheriff’s faction of the PDP, Mr. Jimoh Ibrahim.
In his ruling, Justice Olamide said that it would be out of order for INEC to replace Jegede’s name pending the determination of the motion on notice as it would contravene the principles of equity, justice and fairness.
He directed the PDP to ensure service of the order herein granted, which is the motion on notice and originating summons on INEC before the next date of hearing fixed for the November 7, 2016.
The ruling read in part, “The defendant/respondent is hereby restrained either by itself, chairman, commissioners, agents and servants, officers or privies or through any person or persons, howsoever from changing, replacing, removing, substituting or in any manner tampering with the name, Eyitayo Jegede SAN as the governorship candidate of the Peoples Democratic Party in the governorship election slated for November 26, 2016 pending the determination of motion on notice.
“In the interest of justice and fair hearing, the claimant/ applicant is hereby ordered to ensure service of the order herein granted, the motion on notice and originating summons on the defendant/ respondent before the next date of hearing,”
Effort to speak with the Sheriff’s faction state chairman of the party, Mr. Biyi Poroye was unsuccessful as he did not pick his call when our correspondent called his telephone line.
But the Publicity Secretary of the Makarfi’s faction of the PDP in the state, Mr. Banji Okunomo said the INEC had to obey the court order in announcing Jegede’s name as the authentic PDP candidate for the election.
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