Eyitayo Political Dilemma, As He's Granted Leave Of Appeal

Before I congratulate my dear brother, Mr. Eyitayo Jegede, on his prayer that was granted by the appeal panel which sat in Abuja today, let me quickly educate the people of Ondo state that the 'Leave of Appeal' which the panel granted him is just for him to be able to file an appeal against the June 29 ruling of Justice Abang out of time.

Constitutionally, he was supposed to have filed the appeal in the 2nd week of July but he didn't hence Abang didn't grant his prayer to file the appeal out of time two weeks ago.

For the sake of information, granting a 'Leave of Appeal' only means that the applicant can file an appeal out of time. It doesn't mean that INEC must return his name back on the candidates' list.

Now that the leave of appeal has been granted today, my brother (Jegede) can file an appeal against the June 29 ruling, a process which can never be fast-tracked (it must take between 90 to 120 days, and election takes place in less that 16 days).

Filing the appeal or let me say securing a notice of appeal doesn't not nullify the October 14th ruling of Justice Abang which INEC is currently acting on (The ruling is making Jimoh Ibrahim to be the PDP candidate for the Nov. 26 poll.

Even if my brother (Jegede) files the appeal which constitutionally won't be decided until February, 2017, his notice of appeal doesn't have the capacity to make INEC remove Jimoh Ibrahim's name from the candidates list (Even when it is clear to all that Ibrahim can never win his own local government let alone the whole Ondo state).

INEC will remove Ibrahim's name if only the appeal can be heard and made to favour Jegede before the election but it is a fact that the appeal cannot be decided before the next 90 to 120 days.

Granting you a right to appeal doesn't mean that your claim is just. Even a condemned criminal is given the right to appeal.

Another question: Can the appeal court rule against the opinion of the Nigerian Judiciary Council (NJC)? Let's remember that the NJC had yesterday said in the media that all the rulings of Justice Abang on the Ondo PDP crisis are very right.

I love my uncle's (Jegede) partial victory today and I will call to congratulate him but before I do so and also before my paternal uncle (Governor Mimiko) finishes his public dance at Oja Oba this night, let me say these:

INEC said it wanted substantive ruling from the appeal court before October 27 so it could retain Jegede's name.

INEC said there is no new ruling which comes after October 27 that can change the list it published on the 28th october.

INEC also said the list will remain like that since no superior ruling had come before October 27. The electoral body also noted all the fresh appeals (after October 27) remain pre-election matters.

It means they have no strength until after the election. Why the dance that my paternal uncle (Governor Mimiko) has commenced on at Oja Oba this evening?
Also before my paternal uncle (The governor) finishes his dance at Oja Oba this night, I want to remind him that the chief judge of the FCT had three weeks ago announced that "filing an appeal" will no longer nullify any existing ruling. He added that the beneficiary of such ruling must be allowed to enjoy his judgment before a substantive appeal is decided against him.

Aare Abiodun Oluwarotimi is the Chairman/
Publisher of Nigerian Concord Newspapers

_nigerianewsmill