An Osun State High Court sitting in Osogbo has nullified and reversed the expulsion of the Peoples Democratic Party governorship aspirant, in Osun State, Prince Dotun Babayemi from the party.
Babayemi was produced by a separate primary held by the factional group in the Osun PDP ahead of the July 16 governorship election, even as the National body of the party recognised Senator Ademola Adeleke.
The court warned the PDP and its agents against taking actions contrary to the order till the substantive suit is determined.
Few days ago, some members of the PDP-led by one Bukayo Ogunleye from Babayemi’s Ward, Otun Balogun Ward 2 in Gbongan, had announced the expulsion of Babayemi from the party.
In a counter move on Monday, the Otun Balogun Ward 2 Executive Committee while addressing the press through Mr Munurudeen Adekunle, nullified the purported expulsion and at the same time announced the suspension of those behind the action.
However on Tuesday, the State High Court sitting in Osogbo and presided over by Justice Jide Falola, ruled against the PDP for expelling Babayemi from the party, pending the determination of the substantive suit.
In the suit HOS/M.212/2022 between Babayemi, PDP, INEC, Bukayo Ogunleye and nine others, an order of interim mandatory injunction was sought by the plaintiff.
In the like manner, the plantiff seeks to restrain the defendants/respondents or their agents from carrying out their purported action as captured in the press conference addressed by some members of the party in Otun Balogun Ward 2 Gbongan.
Equally, the plaintiff sought and was granted a mandatory interim injunction to restrain the defendants/ respondents or their agents from taking any further steps pending the determination of the originating summons and to this effect prayed the court to maintain the status quo until the final determination of the suit.
In his ruling, Justice Falola maintained that going by the Justice Adeyinka Aderibigbe’s pronouncements in the suit HIJ/6/2022 as instituted by Mr Ademola Adedokun and 20 others on behalf of themselves and Ward Executive officers elected on 25th September, 2021 in the Ward election supervised by the then State PDP Chairman, Hon Olasoji Adagunodo, the persons that undertook the expulsion of Babayemi were ordinary members of the party and as such, impostors.
“In the Press Release by those that purportedly expelled the applicant (exhibit EB11), it was disclosed and or admitted that the query that led to the expulsion of the applicant was not served on him personally but allegedly on a private guard in his residence”
“By exhibit EB 12, the 11th and 12th defendants, issued the communique which nullified the purported expulsion of the applicant, are insisting that they are the authentic Ward Executive as pronounced by the court of competent jurisdiction , that is exhibits EB 5 and EB 6. They have also issued query on 3rd-10th respondents that purportedly expelled the Applicant.
According to Justice Falola, the expulsion of Babayemi was questionable; stressing,” The court is there to intervene where there is serious dispute such as we have here. In effect, I find merit in the Motion Exparte for Order of Mandatory Interim Injunction especially as disposed to in paragraphs 4 I,j,k,l,m,n,ff, hh,ll,jj,kk,ll and nn of the affidavit in support. The party has broken into factions in Otun Balogun Ward 2 Gbongan. Based on the above premise, I hereby accede to the prayers of the Applicant”
To this effect, “the Court has decided to reverse and put in abeyance, the purported expulsion of Babayemi, warning that,1st-10 Defendants/Respondents shall suspend all steps taken or are planning to take with a view to giving effect to the purported expulsion of the plaintiff/applicant, and shall not embark on any punitive measure against the plaintiff/ applicant”
Justice Falola further directed that the rights and privileges of Babayemi be restored in the interim as a full fledged member of the PDP in Otun Balogun Ward 2, Gbongan.
Disciplinary Proceedings
At the meeting of the Ward 2 PDP Executives of Ayedaade Local Government on Tuesday, Adekunle had posited that PDP members from Ward 2, namely; Chief Julius Awodeji, Isiaka Rabiu, Bukayo Ogunleye and Lekan Adegbenle “who purportedly expelled Omooba Dotun Babayemi as Ward 2 Executive Committee, were not the duly elected Ward 2 Executive who were recognized and authenticated by Court of competent jurisdiction on the 3rd of March, 2022 and re-affirmed on the 10th of March,2022 in Suit No: HIJ/6/2022; and that the said purported Disciplinary Proceedings and the subsequent expulsion of Omooba Dotun Babayemi by persons not recognised by the PDP Constitution and valid court orders is the greatest fraud and albeit void ab initio and of no legal consequences”.
Adekunle insisted that the whole exercise was procedurally wrong as the constitution of party was flagrantly abused and not adhered to.
He went further to suspend the aforementioned PDP members who partook in what he called “illegal charade” pending the constitution of a Disciplinary Committee to evaluate their actions and necessary steps in line with the Constitution of our great party PDP taken.
Defending the suspended governership aspirant, Adekunle insisted that Babayemi who produced 25,000 specimen of PDP logo to educate electorates before the election and who delivered his Polling Unit and the Ward during the election couldn’t be working against the party at the same time.
“Babayemi won his Unit and Ward for PDP.
“We did not work against the party, PDP is our party we are the authentic members and we can’t do otherwise”, he said.
N.O
