Barely four months to the 2022 governorship election in Osun state and weeks after announcing Senator Ademola Adeleke as its candidate for the election, ‘Dare Odufowokan, Assistant Editor, reports that the Peoples Democratic Party (PDP) has fresh hurdles to scale in its quest to take over the government of the state.
THE crisis over the Peoples Democratic Party (PDP) gubernatorial ticket in the state is not over. Rather, the confusion that trailed the parallel primary elections held by factions of the party has created fresh hurdles for the opposition party and its chieftains to cross ahead of the July 2022 governorship election in the state.
The Nation gathered that aside from the current anxiety over a court ruling that nullified the nomination of Adeleke and declared Prince Dotun Babayemi as the authentic candidate of the party, there are also fears that one or two gubernatorial aspirants of the PDP in the state may dump the party before the election.
The party held two primary elections where Senator Adeleke and Prince Babayemi emerged as candidates for the July 16 governorship poll. Two factions of the PDP in Osun state, chaired by Sunday Bisi, and Wale Ojo respectively, have been at war over the control of the party long before the primary election.
Few hours to the governorship primary, four of the six cleared aspirants had withdrawn from the race, citing partisanship of the PDP National Executives. They alleged that PDP National Chairman Senator Iyiorcha Ayu, was biased in favour of Adeleke. There withdrawal left only Adeleke and Babayemi in the race.
But the factions held separate primary elections and produced two candidates. While Adeleke emerged from the gathering of party chieftains and members at Osogbo City Stadium, Babayemi was declared winner after the primary election conducted at WOCDIF Centre, also in Osogbo.
However, while reacting to the news that they had conducted a parallel primary election somewhere else in the state, the national headquarter of the PDP insisted that there could only be one recognised primary which was the one supervised by the party’s committee chaired by Lawrence Ewhrudjakpo, Bayelsa State deputy governor.
“The palace is here, the crown is here, the king is here. INEC officials from Abuja and the State office are here; therefore, ours is the authentic election. Any other primary held elsewhere in Osun State is null and void, the Bayelsa number two man said while justifying the emergence of Senator Adeleke.
Legal tango
But an Osun State High Court sitting in Ijebu-Jesa, presided by Justice Adeyinka Aderibigbe, soon disagreed with the Iyirchia Ayu-led leadership of the PDP as it granted an Order of Mandatory Interim Injunction restraining the party from recognizing any other governorship primaries of the PDP in Osun State other than the one conducted by the Wale Ojo faction.
According to Justice Aderibigbe, the 215 Wards Executive Officers that participated in the parallel gubernatorial primary held at WOCDIF Centre, who elected Babayemi, were authentic and authorized Ward Executive Officers permitted to vote as delegates.
The court held that “an order of mandatory interim injunction is granted by this court recognising or affirming the Peoples Democratic Party, Osun state governorship primary conducted on the 8th of March, 2022, wherein the ward executive officers elected on the 25th of September, 2021 in the following wards listed as (a) -(y) in the motion paper of the Peoples Democratic Party voted as delegates in full compliant with the judgement of the court delivered on 22nd of November, 2021 and order of the mandatory interim injunction granted on the 3rd of March, 2022, affirming the 215 ward executive officers as the authentic/or authorised elected ward executive officers permitted to vote as delegates at the party governorship primaries.
“An order of mandatory interim injunction of this court is granted restraining the defendants/respondents from recognising any other governorship primaries of the Peoples Democratic Party, Osun state conducted on the 8th of March, 2022, apart from the governorship primaries conducted on the 8th of March, 2022 wherein ward executive officers elected on the 25th of September, 2021 in the following wards listed as (a) -(y) in the motion papers, of the Peoples Democratic Party, Osun state voted as delegates at governorship primary of the Peoples Democratic Party, Osun state in full compliance with the judgement of the court delivered on the 22nd of November, 2021 and order of mandatory interim injunction granted on the 3rd of March, 2022 affirming the 215 ward executive officers as the authentic/or authorised or elected ward executive officers permitted to vote as delegates at the party governorship primaries.”
The court subsequently fixed a further hearing on the matter for Wednesday, March 16, 2022. Of course, the Sunday Bisi faction, Adeleke and the national eladership of the PDP disagreed with the judgement and insisted that Babayemi and his co-travellers were chasing shadows.
Both parties looked forward to the day of adjournment to argue their cases and get favourable judgement from the judge. Party leaders and members became worried amidst fears that the development can truncate the preparations of the party for the July governorship election in the state.
More confusion
But their expectations were dashed last Wednesday as proceedings in the case were adjourned sine die. While the court made no pronouncement on the Ex-parte order earlier given, the two factions resumed hostilities over its efficacy. While the Adeleke camp says it has automatically lapsed, Babayemi and his group insist it subsists.
Already, the Osun State Chapter of the PDP has announced that there is no court order restraining the party’s flagbearer in the gubernatorial election slated for Saturday, July 16, 2022, Senator Adeleke. Ayodeji Areola, Publicity Secretary of the party, said all legal hitches had been laid to rest.
This was just as the Ademola Adeleke Campaign Organisation stated said the court injunction granted by Justice Adeyinka Aderibigbe of Osun State High Court sitting in Ijebu-jesa had elapsed as the court had been robbed of jurisdiction following the filing of appeal at the Akure Division of the Court of Appeal.
On his part, Areola noted that the interim order of injunction against the primary election of Osun PDP conducted by the National Working Committee which produced Senator Ademola Adeleke as the party’s candidate for the July 16th 2022 Osun gubernatorial election has automatically elapsed by operation of law.
“Let me inform you gentlemen of the Press that we are not unaware of the misinformation being circulated by a tiny minority within Osun PDP supported by the APC agents that the order of interim injunction made by Aderibigbe operates indefinitely. That is far from the truth as that position will be preposterous and against logic, law and reason.
“An ex-parte order has a 7-day life span and unless expressly extended, it automatically vanishes after the 7-day period. In the case of PDP .V. ADAGUNODO in CA/AK/349/2020, the Court of Appeal has this to say on the life span of an ex-parte order…….’Interim orders have a life span and automatically expire by effluxion of time, in this case, 7 days, unless renewed by another 7 days as situation and circumstances permit’. The clear implication of the above cited rules of court is that an order made ex-parte shall automatically abate after seven days.
“The implication of the above position is that there is no court order disturbing our candidate any longer. We, therefore, call on all the good people of Osun State to rally round Senator Ademola Adeleke who emerged as the candidate of our great party at our Special State Congress held last week by voting for him en-masse so as to deliver the good people of Osun State from the wrecks and ruins of the APC administration,” he argued.
Also, the Ademola Adeleke Campaign Organisation stated that Senator Ademola Adeleke has been officially recognised as the Candidate of the Peoples Democratic Party in the forthcoming Osun governorship election.
Mallam Olawale Rasheed, the Director of Media and Strategy, Ademola Adeleke Campaign Organisation, claimed that the controversy on who flies the PDP banner in the July 16 governorship poll was on Wednesday laid to rest as the order restraining the PDP and the electoral commission from recognising Senator Ademola Adeleke elapsed with Justice Adeyinka Aderibigbe failing to renew it.
“Babayemi had declined participation in the party primary organised by the National Working Committee (NWC) but had since been riding on an ex-parte order granted by the judge presiding over Ijebu-Jesa division
of the Osun State High Court. Even after the NWC officially presented the certificate of returns to Senator Adeleke, Babayemi refused to recognise the party leadership,” he added.
Meanwhile, Barrister Edmund Biriomoni, lawyer to Babayemi in the suit, has clarified that his client remains the legally recognized flag bearer of the party for the July 16 governorship election.
Biriomoni gave the clarification while speaking with journalists against the background of the sine die adjournment of an Osun State High Court sitting in Ijebu-Jesa presided over by Justice Adeyinka Aderibigbe in a case between Ademola Adedokun and 29 others against the PDP and INEC.
According to the legal practitioner, on the 3rd of March, 2022, the Court granted an order recognizing the Ward Executive Officers of the party that produced the 215 delegates that elected Babayemi and on the 10th of March, the again Court declared through its Order of Mandatory Interim Injunction, that Babayemi was the legally recognized candidate of the party, having been elected by delegates backed by the law.
Explaining the latest development in the case and the implications of the Court’s position, Biriomoni who is also Counsel to all the plaintiffs, maintained that the Prince Babayemi will continue to lay claims to the opposition party’s gubernatorial ticket because of the subsisting orders. “The Court orders of 3rd and 10th of March,2022, are still subsisting; valid and binding on parties concerned. Omo Oba Dotun Babayemi still remains the candidate of the party” he assured.
“Yes, the implication is that the statu quo remains;it means the court will go comatose till they finish from Court of Appeal. They have shot themselves at the foot. It means that the status quo remains which implies that the two earlier court orders granted in favour of the plaintiffs are still subsisting” he further clarified
He added that the court did not set aside its orders, stressing, “it only stayed further proceedings and as of the time the court was staying further proceedings, what was the status quo? The status quo was that two orders were granted on 3rd and 10th of March, 2022, respectively”
Biriomoni derided those saying anything otherwise as being ignorant of the position of law, insisting that “their jubilation amounts to self-delusion and foolishness. These people have killed themselves and have at the same time, locked the door against themselves”
Fresh hurdles
Meanwhile The Nation gathered that the leaderships of the PDP within and outside Osun state are working round the clock to prevent the defection of one of the prominent aspirants who pulled out of the party’s primary election, to another party in pursuant of his governorship ambition.
Reliable party sources claimed the aspirant, who also participated in the 2018 governorship election, has concluded plans to dump the PDP and seek the governorship ticket of another political party in order to participate in the July 2022 gubernatorial contest.
Some top aides of the politician, while responding to questions from our correspondent on Friday, said leaders of the PDP are making frantic efforts to dissuade the popular governorship aspirant from dumping the opposition party ahead of the next election in the state.
“We are waiting for the outcome of the many discussions being held with our principal by the leaders of the party from Abuja and everywhere. Left for us, we are ready to contest the election. The good people of Osun are waiting for our candidate. They have been expecting him to come since 2018.
“Many people have told us to go on and contest. We cannot continue to allow some people to toy with the future of the state just because they have influence within the party at the top. PDP is not the only political party and we are sure of the acceptance our man enjoys,” an aide said.
Recall that a few hours to the governorship primary election of the PDP, Osun State chapter, four aspirants withdrew from the race, leaving Adeleke and Babayemi to jostle for the party ticket. Six aspirants were earlier cleared by the five-member screening committee of the party to contest the primaries.
Some of the aspirants who announced their withdrawal ahead of the party’s primaries are: Dr. Akin Ogunbiyi, Ademola Adeleke’s nephew, Bamidele Adeleke; a former Secretary to the Osun State Government, Fatai Akinbade; and Omirin Emmanuel Olusanya.
Ogunbiyi specifically withdrew from the Osun State PDP primary election as a result of what he considered as bias towards a particular candidate and injustice against him by the leadership of the party, including the National Chairman, Senator Iyorcha Ayu, and other members of the National Executive Committee.
He said Senator Ayu has agreed to work with Ademola Adeleke, adding that he has been told not to waste his money for the primaries. He further said that Sen. Ayu and some party leaders have made up their minds to favour Adeleke in the primary election and crown him as the candidate.
According to Ogunbiyi, “The blood of anybody is not worth to be shed for my ambition and that is why I have to withdraw from the race. I’m not a violent person, where will I now get thugs or Area boys to mobilise or Police for security to counter whatever it they want to do. I don’t want to put my numerous supporters at arms and that was why I felt I must withdraw from the race.
“It is a very difficult decision but I came to this decision because of the amount of investment and the hope my personality, my leadership would have given to Osun state but when you have an umpire who is so biased to extent of planning with the other group.
“I don’t want them to use my credibility to sustain whatever it is inadequacies. That is why I am withdrawing my participation in the PDP primary election. I will duly notify in writing my withdrawal,” he added.
The Nation also gathered that the Sunday Bisi led faction of the Peoples Democratic Party (PDP) in Osun State has petitioned the National Judicial Council (NJC) against Justice Adeyinka Aderibigbe of the Osun State High Court, Ile-Ife Judicial Division over alleged misconduct in the discharge of his judicial duties.
The Osun PDP through its Secretary, Bola Ajao also frowned at the way Justice Aderibigbe handled the suit instituted by Olasoji Adagunodo. Ajao also hinted that the party would explore all means to get justice on the matter. He insisted that various cases, which Justice Aderibigbe had handled, proved that he had failed as an impartial arbiter.
As it is, the opposition PDP appears to be fighting on all fronts at a time it is expected to rally its members and launch its campaign for the July 2022 governorship election in its being to sack Governor Gboyega Oyetola and the ruling All Progressives Congress (APC) out of the Government House in Osogbo.
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