Tobi Soniyi in Abuja
The Court of Appeal, Abuja division, on Thursday granted the application of Eyitayo Jegede, SAN, challenging the judgement of Justice Okon Abang of the Federal High Court Abuja which ordered the Independent National Electoral Commission (INEC) to remove his name and replace it with that of Jimoh Ibrahim.
Jegede emerged as the PDP governorship candidate in Ondo from the faction of the Senator Ahmed Makarfi, while Jimoh Ibrahim emerged from the Senator Ali Modu Sheriff faction.
The Makarfi faction was the first to submit the name of its candidate to the INEC.
After the submission, the Sheriff faction approached the Federal High Court sitting in Abuja to challenge the submission of Jegede’s name.
In his ruling, Justice Abang ordered INEC to remove Jegede’s name and replace it with that of Ibrahim.
Though not a party at the lower court, Jegede had, through his counsel, Chief Wole Olanipekun, approached the Appeal Court for leave to appeal as an interested party.
But Biyi Poroye, who is the Chairman of the PDP in Ondo for the Ali Modu Sherrif faction opposed the application. His lawyer, Beluolisa Nwofor, SAN, asked the court not to grant the application.
Ruling on the application, a full panel of the court in a unanimous decision upheld the submission of Olanipekun and granted the application as prayed.
Reading the lead judgement, Justice Ibrahim Salauwa held that Jegede had been able to prove to the court that he was affected by the judgement of the lower court.