By NBF News

THE Federal High Court, Abuja Division, yesterday failed to vacate the order restraining the Independent National Electoral Commission (INEC) from recognising Ogun State Governor Gbenga Daniel and the candidates that emerged from the parallel primaries conducted by his faction of the Peoples Democratic Party (PDP).

Mr. Justice Abdul Kafarati had on January 26, 2011, granted an order of interlocutory injunction against INEC from recognising the list of candidates from the Daniel faction. At yesterday's proceedings, counsel to the governorship candidate of Olusegun Obasanjo's faction of the party in the state, Olagoke Fakunle (SAN), told the court that the business of the day was to argue which application was to be heard first.

Before yesterday's proceedings, counsel in the case had agreed that they would argue whether the court should hear the application filed by Fakunle against the chairman of Daniel's faction, Joju Fadairo, alleging contempt.

Two primaries were conducted by the two factions with Obasanjo producing former ECOMOG Commander, General Adetunji Olurin, as the governorship candidate while the Daniel group picked Adegboyega Nasir Isiaka.                      Counsel to the PDP, Lateef Fagbemi (SAN), prayed the court to hear the application to vacate the order of the court made on January 26 against his client.

Fagbemi urged the court to hear his application to vacate the order first on the ground that the court did not have original jurisdiction to hear the case.

He said his client was not served before the motion for injunction was granted and urged the court to hear his application before the motion for contempt filed by the plaintiffs.

The court made the order after a motion on notice filed by  Olurin, Babatunde Fadun, Dave Salako, Mr. Wale Solaja and Seun Adesanya.

The motion was supported by a 53-paragraph affidavit sworn to by Wale Solaja and moved by Mr. O.O. Fakunle (SAN).

Before the case was adjourned till February 8, Justice Abdul Kafarati

• That the first (INEC) and second (PDP) respondents are restrained from accepting, compiling, announcing, using, validating or otherwise acting upon the results of the primaries/congresses conducted in Ogun State pending the hearing of the originating summons;

• That the INEC and PDP are restrained from announcing or making any pronouncement validating the result of the primaries/congresses conducted in Ogun State by the dissolved Ogun State executive committee of the second respondent pending the hearing of the originating summons;

• That the INEC and PDP are directed to approve, accept, compile, announce

and as its responsibilities require, the results of the primaries and

congresses of the second respondent conducted by its harmonised executive committee from which the applicants emerged as the candidates of the second respondent in Ogun State for the general elections and delegates to its national convention/presidential primaries pending the hearing and determination of the originating summons'.

Fagbemi told the court in a motion he filed seeking to vacate the order that the plaintiffs in the matter misrepresented facts before the order was secured.

Fagbemi asked the court for an order discharging, setting aside or vacating the interim order of injunction made ex-parte by this honourable court on January 26, 2011, having been made without jurisdiction and on the basis of concealed material facts and misrepresentation of facts by the plaintiffs.

He made effort to move the motion but counsel to the plaintiffs opposed him on the ground that the motion was not ripe for hearing.

But Fagbemi said: •'Plaintiffs misrepresented facts to the honourable court that the Joju Fadairo-led Executive Committee of the PDP in Ogun State when to the knowledge of the plaintiffs, there was no such dissolution;

• Plaintiffs misrepresented to the court the fact that there was harmonised

executive committee of the party in Ogun State led by one Dayo Soremi when no such committee existed and when the National Executive Committee or National Working Committee of the party did not ratify or approve any such harmonised executive committee;

• Plaintiff concealed from the court the fact that an Abeokuta High Court in suit number AB/166/2010-Chief Joju Fadairo and 28ORS Vs Dr. Okwezileze Nwodo and 5 Ors had restrained the PDP from dissolving and from interfering with the Joju Fadairo Execuitive Committee of the Party in Ogun State;

• Plaintiffs also concealed from the court the fact that PDP complied with the order of Joju Fadairo-led Abeokuta High Court in suit

number AB/166/2010 by not dissolving the state executive committee in Ogun

state; and
• The order directing the Independent National Electoral Commission (INEC) to act on the list of harmoniosed executive was made without jurisdiction'.