The Supreme Court has struck out stay of execution motions filed by Biyi Poroye and ordered the Appeal court to go ahead with ruling on the case between Eyitayo Jegede and Jimoh Ibrahim.
The Supreme Court said there was no way it could stop the second panel from ruling on the case between Jegede and Jimoh Ibrahim after the first panel stepped down.
Supreme Court justice Walter Onnoghen told Poroye’s counsel Beluolisa Nwofor : “Tell us where in the constitution why we should punish those justices. You can’t box the lower court into a corner and be asking the Supreme Court for withdrawal of motions.”
The Appeal Court Panel had reserved judgment on the Ondo State Peoples Democratic Party’s governorship candidate tussle.
Jedege had filled a suit before the Appellant court, challenging the Independent National Electoral Commission for listing Jimoh Ibrahim as the party’s flag bearer instead of him that was dully elected by the party’s delegates during the primaries.
The sitting began with an application by Ben Nwofor, counsel to the factional chairman of the PDP in Ondo State, Biyi Poroye, challenging the jurisdiction of the special panel and asking for its immediate disbandment.
On the motion filled by Eyitayo Jegede, SAN, seeking leave to appeal Justice Okon Abang’s ruling of October 14 which ordered the substitution of his name by INEC as PDP candidate for this month’s election, Biyi Poroye’s lawyer, Ben Nwofor said the appeal was belated and did not identify suit title and parties for which the ruling was delivered.