A faction of the Peoples Democratic Party (PDP) in Ogun State, has filed an application before a competent court to set aside orders of a Federal High Court, in Abeokuta, which last Tuesday, urged the Independent National Electoral Commission and the leadership of the party, to accept or process only list of candidates authenticated by Bayo Dayo-led factional exco of Ogun State PDP for 2019 elections.
The application filed on behalf of the defendants by PDP’s counsel, Emeka Etiaba SAN, on the 3rd of October with 17-point affidavit was deposed to by Chimezie Ogugbara, on 10 grounds and five points written addresses.
The defendants are asking the court to set aside those orders granted, citing lack of service on them and lack of fair hearing.
Etiaba argued that the orders are “a nullity, having been obtained by false representation, concealment of facts and fraud.”
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The application sought reliefs on four grounds as follows: “An order setting aside the purported services of all the processes in this suit on the Defendants/Applicants.
“An order setting aside the orders made by the Honourable Court in this against the Defendants/Applicants as same were made without jurisdiction.
“An order directing the plaintiffs in this suit to serve the Defendants/Applicants all the relevant processes in this suit accordance with the law.
“And any other order or further orders as the Honourable Court may deem fit to make in the circumstances.
” That the decision to file the application, subject matter of the orders sought to be set aside at this late hour and the decision not to serve the Defendants/ Applicants the processes were taken and executed in bad faith as they were made to deprive the 2nd Defendant/Applicant the opportunity to field a candidate at the presidential election of 2019.”
No date has been fixed for hearing of the application.
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