PDP Petitions Buhari, NJC, Attorney General Over Justice Abang’s Unethical Conduct

PDP Petitions Buhari, NJC, Attorney General Over Justice Abang’s Unethical Conduct

By Wires | The Trent on October 25, 2016
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The Peoples Democratic Party, PDP, in Ondo State has petitioned President Muhammadu Buhari, the National Judicial Council, and the federal attorney-general over what it described as the unethical conduct and criminal conspiracy to  subvert the cause of justice in the suit bothering on the PDP candidate in the November 26 gubernatorial election.

In two separate petitions against Justice Okon Abang of the Federal High Court Abuja, Olagoke Fakunle (SAN) and R. A. Oluyede Esq, with both also forwarded to The Legal Practitioners’ Privileges and The Legal Practitioners Disciplinary Committees, as well as President Buhari and the federal attorney-general, the PDP in its petition against Justice Abang accused the judge of unethical conducts in his handling of the suit before him originated by Prince Biyi Poroye and 8 others against the Independent National Electoral Commission, INEC, and the PDP.

The PDP also accused  Justice Abang, Olagoke Fakunle and Oluyede of unethical conducts in his handling the suit  which it submitted was initiated, and prosecuted in a manner that clearly shows criminal conspiracy to subvert the cause of justice by the trio.

In the petition against Justice Abang signed by the Ondo PDP chairman, Clement Faboyede, where the  party stated its  “believe that His Lordship Justice Abang is complicit in the political scheming against the PDP” the party insisted that the entire proceedings of the suit being handled by Abang which it said in the main amount to a properly crafted conspiracy to subvert the internal working of the PDP,  “was recklessly contrived, planned and executed by Justice E. O. Abang , Olagoke Fakunle, (SAN) and R A Oluyede Esq and on behalf of forces working in concert against the interest of the PDP”.

Tendering documents marked Annexture 1,11, 111, 1V,V, and V1  to prove that actions were deliberately planned against it  by the trio, the petitioner reported that Fakunle and Oluyede  as pointed out in Annexture 1, “an originating summon dated 7th of June 2016 on behalf of the Plaintiffs was written by Fakunle and taken out by the same Fakunle for the plaintiff, in the  course of proceeding and to enable Justice Abang , Oluyede and Fakunle perfect their plan, Olagoke Fakunle shifted position unethically to represent PDP and then conceded to the relief claimed by the plaintiff at the hearing of the originating summons.”

Further, the petitioner reported that “in its judgement of 29th June 2016 on the originating summons, Justice Abang granted some restraining orders in favour of the plaintiff. The said judgement of 29th June 2016 relates to 2019 general election; it has nothing to do with the 2016 Governorship election of Ondo State. As matter of fact, no reference was made to the 2016 governorship election in the said judgement”

Explaining that the Ondo PDP held its primary election where Mr. Eyitayo Jegede SAN emerged winner, the Petitioner said it was taken aback when “towards the evening of 14th October 2016 the social media was awashed with the  information that the HON. Justice Abang granted an order directing the INEC to substitute the name of Mr. Eyitayo Jegede with Mr. Jimoh Ibrahim Folorunsho as the candidate of the PDP in respect of the 2016 Governorship election in Ondo State.

“On further enquiry, we found out that there was a motion on notice dated 29th of September 2016 signed by one Clarissa Adaugo Ebuzeme (Miss) of TRLPLAW law firm brought on behalf of the plaintiffs ostensibly for the enforcement  of the ruling of 29th June 2016 in which the Applicants sought among other relief for  an order requiring the 1st defendant alleged condemner to reject and jettison any other nomination forms submitted by any persons apart from the 1st  and 2nd plaintiffs  and applicants in Jimoh Ibrahim Folorunsho is the candidate for the 2nd defendant for the said governorship election”

Driving home its proof of conspiracy in the matter, the petitioner said “when the application which gave rise to the said order of 14th Ocober , 2016 was brought , heard and granted, the judge and the counsels were aware that Eyitayo Jegede’s name had been forwarded to the INEC by the PDP  as its candidate, yet Justice Abang, Fakunle and Oluyede proceeded with the matter without affording Eyitayo Jegede the opportunity of being heard in the matter”

The petitioner further posited that R A  Oluyede is the proprietor and principal partner of TRLPLAW law firm which filed the application for the enforcement of the ruling of 29th June 2016 and in which substitution of any other person who might have been nominated  for the said election with Barr. Jimoh Ibrahim was sought adding that “it is important to point out that in the course of the proceedings that led to the judgement of  29th June 2016, R A Oluyede was never a counsel and therefore did not appear for any of the plaintiffs or the 2nd defendant. Curiously, however, at the enforcement stage, while his firm, TRLPLAW through Clarissa Adaugo Ebuzeme appeared for the 2nd  defendant, the PDP to compromise the case.”

Alleging grave injustice against it in the matter, the PDP sought, among other prayers that on the weighty allegations of unethical misconduct set earlier, wants  Olagoke Fakunle and R A Oluyede involvement in the suit investigated particularly on the order of 14th October directing INEC to substitute the name of Ibrahim who was not a party to the suit for the PDP candidate.

The party also want how Olagoke Fakunle who commenced the action in the suit as counsel for the plaintiff surreptitiously became the counsel to PDP the 2nd defendant in the same action, to compromise the action investigated, as well as “outside the court relationship between Olagoke Fakunle, R.A Oluyede on the one hand and Justice Abang on the other hand in relation to the suit in question and other suits brought before him” just as the PDP also want it investigated, the deliberate refusal of Justice Abang to follow the Supreme Court decisions on the subject of the powers of National Executive Committee to conduct primaries and forward names  of candidates to the INEC under the PDP Constitution, by directing that the Ondo state Executive Committee should conduct governorship election.

With reference made to the case of Emenike v PDP, the petitioner  concluded  that the refusal of Justice Abang to follow the decisions of the Supreme court was fraudulently contrived.

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