By Kolawole Olayinka, Abeokuta
The Ogun State chapter of the All Progressives Congress (APC), has hailed the ruling of an Abuja High Court, which on Monday, set aside the application for interlocutory injunction filed by the chairman of the dissolved state party exco, Chief Derin Adebiyi and other members.
In a statement signed by the Publicity Secretary of the Caretaker Committee of APC in Ogun State, Tunde Oladunjoye, made available to journalists in Abeokuta on Monday, the party described the court ruling as “justice well-served and a boost for party internal democracy”
The Derin Adebiyi-led executives were alleged of “dual loyalty and working for candidates who left the APC to form another party.” The National Working Committee (NWC) of the APC had in a letter dated 18th December, 2018, with reference number APC/NHDO/GEN/24/018/26 addressed to Chief Derin Adebiyi and signed by the National Chairman of the party, Comrade Adams Aliyu Oshiomole, relayed that “The NWC at its 36th regular meeting of Tuesday 18th December, 2018, having considered the above developments in the party in Ogun State, resolved to dissolve the entire state, local government and ward executive committees of the party with immediate effect”.
The dissolved exco, however, approached the FCT High Court to challenge its dissolution. But in his ruling on the case with suit number FCT/CV/363/2018 Aderinola Adebiyi & Ors Vs APC & Ors, on Monday, the presiding judge, Hon. Justice Jude O. Okeke, declared that the Originating Summons filed by the former APC Chairman and others, as incompetent and consequently set aside all the processes, including claimants’ application for interlocutory injunction.
This was sequel to the notice of preliminary objection filed by the counsel to the defendants, Wale Abeeb Ajayi, challenging the competence of the claimants originating summons as well as their Motion for injunction.
In upholding the submission of Wale Abeeb Ajayi, the court held that once the claimant fails to comply with the mandatory provision in Section 97 of the Sherrifs and Civil Process Act, the court would no longer have jurisdiction to hear the suit.
“In this case there was no endorsement on the originating summons and the subsequent amendment to it, that they were for service in Ogun State outside Abuja. The originating Summons was therefore invalid and void.”
“The court therefore has no jurisdiction over the claimants claim and motion for injunction due to the incompetence of the originating processes. Indeed, there was failure to comply with the mandatory provisions of the law on endorsement of originating process to be served outside court jurisdiction,” the judge so ruled.