The Peoples Democratic Party on Tuesday lost bid to relist an appeal it filed to challenge the decision of the Federal High Court in Lagos which validated the Adebayo Dayo-led PDP executives in Ogun State.
The Lagos Division of the Court of Appeal dismissed PDP’s application to relist the appeal and awarded N600,000 punitive cost against the party.
The court ordered that the punitive cost should be paid to a former factional leader of the PDP, Ali Modu-Sheriff, Prof Wale Oladapo and Dayo.
The Federal High Court in Lagos had ordered the PDP to recognise the Dayo-led executive in Ogun State on the basis that its tenure would not expire until 2020.
But displeased with the decision, the PDP headed for the Court of Appeal.
However, the party, through one of its lawyers, Godwill Mrakpor, later changed its mind and withdrew the notice of appeal.
The Court of Appeal had then dismissed the appeal.
But another PDP lawyer, Dr Yemi Oke, returned with another application to relist the case, claiming that the Modu-Sheriff faction that briefed Mrakpor to discontinue the appeal was not authentic.
But the Court of Appeal, in a July 11, 2018 judgment by Justice Jamilu Tukur, held that the Modu-Sheriff party had the power to terminate the appeal as it did
The Justice held, “From whatever angle I look at the application, I find it to be unmeritorious and liable to be dismissed.
“However, in view of my findings on the competence of the application for failure to exhibit the ruling of this court subject of this instant, the proper order befitting this application is one striking it out.
“It is hereby struck out. There shall be costs of N200,000 in favour of the first, fourth and fifth respondents (Dayo, Modu-Sheriff and Oladapo).”
