14th June, 2013
Jamiu Yisa
The Court of Appeal sitting in Lagos on Friday dismissed an appeal by former National Secretary, Prince Olagunsoye Oyinlola and National Auditor of the Peoples Democratic Party (PDP), Chief Bode Mustapha.
Oyinlola and Mustapha had filed a Motion on Notice at the appellate court challenging the Notice of Withdrawal filed by the party in Appeal No. CA/L/515/2012.
The PDP had earlier appealed the judgment of Justice Charles Archibong of the Federal High Court in Suit No. FHC/L/CS/347/2012, delivered on the 2nd of May, 2012.
The judgment of the lower court, which was being challenged at the appellate court, was in respect of a suit filed on behalf of the Ogun State Executive Committee of the PDP by Engr. Adebayo Dayo and Alhaji Semiu Sodipo against the PDP and three others.
The court had in that judgment nullified the Southwest Zonal Congress of the PDP, ordered the removal of Mustapha and his replacement with Alhaji Fatai Adeyanju, among others.
The PDP later filed a Notice of Withdrawal from the appeal through its counsel, G.K Gadzama.
But Oyinlola and Mustapha opposed the move and filed a Motion on Notice, asking the Court of Appeal to strike out the Notice of Withdrawal because their consent was not sought before it (the Notice of Withdrawal) was filed.
Delivering its judgment, the three-man panel, headed by Hon. Justice M.B Dongban, held that “Upon the filing of the Notice of Withdrawal, dated 31st January, 2013, the appeal is deemed dismissed”.
The court further held that from the facts before it, the Appellants/Applicants (Oyinlola and Mustapha) are under the control of the PDP.
Therefore, they cannot turn around to distance themselves from the actions taken by the party in respect of the appeal.
It also awarded a N30, 000 cost of litigation against Oyinlola and Mustapha