The Court of Appeal in Abuja, on Friday, overturned an earlier judgment of the Federal High Court given in favour of a factional governorship candidate of the Peoples Democratic Party in Ogun State, Oladipupo Adebutu.
A three-member panel of the Appeal Court held that Justice Taiwo Taiwo of the Federal High Court, Abuja (now retired) was wrong to have declined jurisdiction to entertain a suit by Jimi Adebisi Lawal.
Lawal is, by his suit, challenging the PDP’s utilisation of a delegates’ list, in the conduct of the governorship primary election on May 25, 2022, as against the list of delegates, who were democratically elected for that purpose at the ward congresses.
Delivering the lead judgment of the Court of Appeal on Friday, Justice Biobele Georgewill held that the issue in the case is pre-election related, over which the Federal High Court has jurisdiction.
The judge held that since the trial court failed to decide the suit on its merit and the period of 180 days, for determination of pre-election cases, it should, therefore, be remitted to the Chief Judge of the Federal High Court for prompt assignment to another judge for trial.
Other members of the panel, Justices M. Mustapha and Danlami Senchi were in agreement with the lead judgment.
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