The Court of Appeal has resolved the lingering crisis surrounding the Edo PDP candidates’ authentic list in favour of the legacy group of the party. The legacy group is led by the immediate-past Chairman of the PDP in the state and currently, National Vice-Chairman (South-South) of the party, Chief Dan Orbih.
In a 23-page leading judgement delivered by Justice Tunde Oyebamiji Awotoye, the court set aside and struck out suit no FHC/C5/78/2022 that had earlier declared the Governor Godwin Obaseki’s group’s candidates as the authentic candidates.
The Legacy PDP candidates appealed against that judgement at the Court of Appeal, Benin.
In the lead judgement delivered by Tunde Oyebamiji Awotoye , JCA, the Court of Appeal resolved 4 out of the 6 issues in favour of the Legacy candidates.
The Court declared that the Appeal was meritorious and therefore allowed.
The court also set aside and struck out suit no FHC/C5/78/2022 (That earlier declared the Obaseki’s group candidates as the authentic candidates) because of incomplete transmission of records that made the court not to have jurisdiction over the appeal.
The Obaseki’s candidates in their plans to frustrate the Legacy candidates appeal, shot their foot with their own gun.
The lawyers of the Obaseki’s group were apparently unaware of the consequences and responsibilities that go with the transmission of incomplete records as spelt out by the Apex Court and reported in Page 7 (2021) LRCN.
Access Bank Plc vs Owunliri.
It states in summary that the primary responsibility of transmitting records to the Court of Appeal lies with the Registrar.
Where the Registrar fails, the responsibility automatically shifts to the Appellant.
On service, if the Respondent complains of incomplete records, the responsibility to file the missing records falls on him and the Respondent will demonstrate the importance of the missing records to his defence.
Anyone who fails to carry out his responsibility will bear the consequences as the Court cannot hear a case based on incomplete records neither can it visit the sins of a party on another.
The Appeal Court, haven found the Appeal by the Legacy Candidates meritorious, set aside the FHC Benin judgement for lack of jurisdiction arising from the failure of the Respondents lawyers to provide the missing records they complained about.
The Legacy PDP candidates will head to the Supreme Court for a declaratory judgment based on the findings of the Appeal Court.
The Supreme Court had on Tuesday 22nd November 2022, released the details of its judgement in respect of the delegates of the Edo PDP.
The Apex Court noted that the Legacy delegates fulfilled all the requirements of the law but it declined jurisdiction as delegates cannot sue the party going by Section 285 of the 1999 Constitution of the FRN (As Amended).
click to see the document
