The Supreme Court on Wednesday refused the request to make an order of stay of execution of the judgment of the Federal High Court in Lagos which recognised the Adebayo Dayo-led executive committee as the authentic leadership of the Ogun State chapter of the Peoples Democratic Party.
The Dayo-led faction is backed by Senator Buruji Kashamu who is the Ogun State governorship candidate of the party currently recognised by the Independent National Electoral Commission.
A five-man panel of the apex court led by Justice Olabode Rhodes-Vivour struck out the application seeking both an order for stay of execution of the Federal High Court’s judgment and another for accelerated hearing of the appeal after it was voluntarily withdrawn by the applicant, the Uche Secondus-led National Working Committee of the PDP.
The application filed by the appellant (the PDP) was seeking an order staying execution of the High Court’s judgment and for accelerated hearing of the appeal by the apex court.
Mr Emeka Etiaba (SAN), the lawyer representing PDP, withdrew the application because the respondents (Dayo and others) had yet to file their brief responding to the main appeal.
At the Wednesday’s proceedings, the respondents’ lawyer, Dr Alex Izinyon (SAN), had insisted that his clients had eight weeks to respond to the appeal; arguing that the application for stay of execution and accelerated hearing was therefore incompetent.
The court agreed with Izinyon but asked the appellant to file an application for abridgement of time for the respondent to file their brief in response to the appellant’s brief.
The Federal High Court in Lagos had in its judgment delivered on June 24, 2016, upheld the validity of the Dayo-led Ogun State’s executive committee of the PDP and ordered the national leadership of the party and INEC to recognise and deal with them till the expiration of their four years tenure in 2020.
The judgment is being challenged by the PDP.