Why Court of Appeal granted Jegede leave to appeal decision of Abuja High Court

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The Court of Appeal has granted Eyitayo Jegede leave to appeal the decision of the Federal High Court Abuja, which recognised Jimoh Ibrahim as the candidate of the Peoples Democratic Party for the November 26 governorship election in Ondo State.
Jegede emerged the candidate of the party in the congress conducted by the Ahmed Makarfi-led National Caretaker Committee of the PDP.
Ibrahim is the candidate of the Ali Modu Sheriff faction of the party.
The Special Panel of the Court of Appeal in Abuja chaired by Justice Ibrahim Salauwa granted Jegede the leave.
Giving ruling on Jegede’s motion, Salauwa held that the application had merit.
Salauwa said it was clear that the decision of the High Court which recognised Ibrahim as the PDP candidate for the Ondo State governorship poll had hurt the applicant grievously.
He said: “All the prayers made by the applicant are hereby granted.
“The court has seen the need to depart from the rules and, therefore, the record transmitted from the trial court in respect of this case is deemed to have been filed.
“The parties are ordered to exchange processes within 24 hours to set the stage for the hearing of the substantive appeal.”
Jegede had challenged the ruling by Justice Okon Abang ordering the Independent National Electoral Commission to recognise Ibrahim as the PDP candidate for the Ondo State governorship election.
The panel also dismissed an application filed by the Chairman of Ondo State PDP, Prince Biyi Peroye, and 10 others asking for the disbandment of the panel.
In his ruling, Salauwa held that the application lacked merit and therefore should not be allowed to stand.
He said the motion lacked all material facts, adding that all the issues raised by the applicants were mere speculation.
He said: “No party in a matter is empowered by law to challenge administrative decisions of heads of court.
“The President of the Court of Appeal is responsible for assigning cases.
“We do not want to deliberate on the reasons why the first panel rescued itself from determining these appeals; we believe this panel has the jurisdiction to treat these matters.”
The respondents are to reply within three days
Sheriff, Makarfi, Senator Ben Obi, Peroye, Jegede and Ibrahim are all parties in the matter.
The Executive of the PDP in the South West Zone and the Ondo State executive members of the party were also listed as parties.