The development came ahead of council polls in the state tomorrow, which the electoral body said it was prepared to hold just as Governor Ibikunle Amosun and the Action Congress of Nigeria (ACN) have enjoined the people to vote for the ruling party.
Archibong had also ordered the police and prison authorities to ensure the arrest and imprisonment of three PDP chieftains: Chief Ireti Oniyide, Ambassador Tunde Oladunjoye and Mr. Faisiu Bakenne, whom he convicted recently for flouting the court’s order, contained in its May 2 judgment, that the Adebayo Dayo-led Executive Committee was the only authentic management body of the PDP in the state.
He equally ordered the PDP and its national leadership not to deal with the party in Ogun State except through the Adebayo Dayo-led Executive Committee.
But the trio said the contempt verdict was defective and further ridiculed the judiciary.
Meanwhile, a High Court sitting in Ilaro, Ogun State yesterday reserved ruling on contempt proceedings against members of the PDP caretaker committee till next Thursday. Justice Mosumola Dipeolu was scheduled to give judgment yesterday.
Oniyide, leader of his faction, told journalists yesterday in Abuja that “the purported Order of Justice Archibong cannot stand in the face of the law and therefore a nullity.”
He said: “A superior Court of Appeal Lagos had in a unanimous ruling in suit No. CA/L/38/12, delivered on June 25, 2012 delivered by Justice H. M. Ogunwunmiju, JCA stayed all contempt proceedings before Justice Archibong.”
Oladunjoye, a member of the state’s Caretaker Committee, said “even the controversial committal Order has been appealed against at the Court of Appeal, Lagos and entered in suit No. CA/L/515/12 and the motion for stay of execution pending the determination of the appeal.”
Oladunjoye said the judge was on May 17, 2012 petitioned by the faction to former Chief Justice of Nigeria (CJN) Dahiru Musdapher, who sent correspondence to Justice Archibong “comment within one month of receipt of the letter.”
He further told The Guardian that “in view of this misuse of judicial powers, we have directed our lawyers to write another petition against Justice Archibong to the new CJN” so that fair justice would be dispensed.
The Dayo Bayo faction had also instituted an action against Oniyide and 10 others praying the court to commit them to prison for allegedly disobeying an order banning them from parading themselves as members of Caretaker Committee.
The suit is also praying the court to commit the members of the Ogun State Independent Electoral Commission (OGSIEC) and the PDP national leadership to prison for allegedly aiding the defendants to disobey the order.
The plaintiff argued that it was necessary for the ruling to be given before the council election.
But Justice Dipeolu told the lawyers that, “there are a lot of issues to be looked into so there is no way the ruling can be given today."
Source: The Guardian
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