A'Court dismisses Oyinlola, Mustapha's case against PDP
The Court of Appeal in Lagos on Friday dismissed an application by former National Secretary and National Auditor of the Peoples Democratic Party, Prince Olagunsoye Oyinlola and Chief Bode Mustapha respectively.
Oyinlola and Mustapha were by the application challenging the notice of withdrawal filed by the party to terminate its appeal against the decision of a Federal High Court, Lagos.
The PDP was no longer interested in pursuing the appeal against the May 2, 2012 judgment, which removed Mustapha from office.
But the duo had, through their application, asked the appeal court to compel the PDP to continue the case because their consent was not sought before it (the notice of withdrawal) was filed.
The PDP filed a notice of withdrawal from the appeal through its counsel, Joe-Kyari Gadzama (SAN).
But Oyinlola and Mustapha opposed the move and filed a Motion on Notice, asking the Court of Appeal to strike out the notice of withdrawal
Delivering its judgment, the three-man panel, headed by Justice M.B. Dongban-Mensen, held, 'Upon the filing of the notice of withdrawal dated January 31, 2013, the appeal is deemed dismissed.'
The court further held that from the facts before it, the appellants/applicants (Oyinlola and Mustapha) were under the control of the PDP, hence, they could not turn around to distance themselves from the actions taken by the party in respect of the appeal.
It also awarded a N30,000 cost of litigation against Oyinlola and Mustapha.
The judgment of Justice Charles Archibong of the Federal High Court in Suit No. FHC/L/CS/347/2012, which was being initially challenged by the PDP, was delivered on May 2, last year.