An Abuja based legal luminary has advised Dr Agboola Dominic and his cohorts to keep their gunpowder dry and wait for the outcome of the application for appeal filed at the Court of Appeal rather resorting to “self help.”
You would recall that Justice Oyekan Abdulahi of a Lagos High Court had passed a judgement in favour of Dr Agboola Dominic and others in the Lagos State PDP Chairmanship Tussle.
It would also be recalled that the Judgement passed has not being made officially Public till date, a position which is “quite unusual”.
In response to the judgement, the National Working Committee of the People’s Democratic Party ably led by Prince Uche Secondus had taken a legal and Constitutional decision to go ahead and appeal the Judgement of Justice Abdulahi which they described as a ploy to create chaos and destabilise the party in Lagos State.
The action of the NWC , within the stipulated time frame was a deliberate act to forestall any execution of the Judgement by the High Court Sheriff.
The Abuja based lawyer stated that “The Judgement of the Court was delivered on June 21st, 2021 and the appellant has a 90days window to raise a protest against the judgement.”
He stated that “The Respondent have filed their notice of Appeal within two weeks of the delivery of the Judgement and then put in place an application for Injunction pending appeal.”
“The two processes pending before the Court are; a notice of Appeal to the Court of Appeal Lagos Division and the motion for Stay of Execution and Injunction pending appeal.”
“It is incumbent on the Judgement creditor to wait for the outcome of the application and the appeal lodged at the Appeal Court,” he said.
He reiterated that “The general principle paraded by the Respondent in the appeal(having gone beyond the level of Claimant/Defendant), that “Appeal does not operate as a Stay of Execution” is no longer the position of the Law.”
He said “Now on every Appeal, every litigant, upon which there is a valid appeal must wait for the outcome of the Appeal, and beyond that, there is an application for Injunction pending before the Court at the lower end.”
“This application must be taken, before anything can happen in Judgement,” he said.
He stated that in all ramifications, the Judgement is not yet ripe for execution.
He further pointed out that the Appellant has done the needful by raising a protest against the Judgement of the lower court and placing an application for Injunction, which are all pending before the Court.
He however advised the Dr Agboola Dominic led team stating that “They should keep their gunpowder dry for now and await the outcome of the application as well as the Appeal.”
The Abuja based lawyer made it known in an Interview that, the act committed by the first Respondent by breaking into the office of the State Chairman at the state Secretariat is Illegal and Criminal.
He stated that “They did not only break into the office of the Chairman, they also made away with Monies, valuables and important files, these illegalities and criminality would be adequately challenged.”
He affirmed that “Be you high, the Law is above you, as no one is above the Law.”
He said “The simple conclusion is that, as it is now, the judgement of the court is not executable and thus on hold until the application filed by the Appellant is determined by His Lordship, Honourable Justice Oyekan Abdulahi and the Court of Appeal.”
He informed the Dr Dominic led team that, by seeking self help, they had violated the procedures of the “Sheriff and Civil Process Act”.”
They had forcefully opened the doors of the office of the state Chairman without the involvement of the court Sheriffs, who are the executors of Judgement, this he said would be vehemently challenged.
He also pointed out that, the idea of Dr Dominic parading himself as the Chairman of the party would also be adequately addressed, as there are lots of issues to contend with very soon.
He further reiterated that, there is a letter from the National body of the party dated 2nd July 2021, signed by the National Secretary confirming the Chairmanship of Engineer Adedeji Doherty and until the Appeal is decided, the letter is very instructive.
He said “These persons should be rest assured that the long arm of the law would catch up with them very soon and they should be prepared for the eventuality of breaking the Law.”
In another interview with a member of the Executive Committee of the party in Lagos State, who stated that “Our party is a party with a Constitution, rules, procedures and disciplinary measures as well.”
“It should be noted, that disciplinary measures would be taken against anyone who has fallen short of laid down rules and regulations as enshrined in the party Constitution.”
“All these paraders should know that they are in a party with standards and that their days are numbered.”
He further stated that “The fact that these people have gone to court, does not stop the party from taking disciplinary actions against them, if that have in any way violated the procedures of the party Constitution.”
He reiterated that, by all the foregoing, and as substantiated by the letter from the NWC dated 2nd July, 2021 and signed by the National Secretary, Senator Umaru Ibrahim Tsuari, Engr Adedeji Doherty still remains the substantive chairman of the party in the state.