The court set aside the judgment by Justice Taiwo Taiwo of the Federal High Court in Ado Ekiti, which had earlier recognised Chief Williams Ajayi-led faction.
While Oguntuase group backed by Governor Ayodele Fayose was loyal to the Senator Ahmed Makarfi’s faction, the Ajayi group backed by Senator Buruji Kashamu was loyal to Senator Ali Modu Sheriff, who lost out in the battle for the national chairmanship of the party.
Dissatisfied, Oguntuase through his lawyer, Obafemi Adewale, approached the appeal court asking it to set aside the judgment.
In the judgment read by Justice Fatima Akinbami on Wednesday, the appeal court said the lower court did not take into cognisance the Supreme Court judgment which confirmed legitimacy on the Makarfi-led Caretaker Committee.
“The Supreme Court ruled that the national convention remains the topmost legal body that can regulate the party and said the need to constitute a caretaker committee was agreed at a convention and that makes whatever they do at this state level legal.
“The lower court did not even take into cognisance the issue of jurisdiction raised by the defendants (the PDP and Oguntuase) that the court lacks the jurisdiction to entertain the suit in the first instance, rather than considered this, the Judge went ahead and delivered his judgment.
“The issue of preliminary objection raised by these defendants on the strength of the jurisdiction and the power of party to regulate itself without interference was valid.
“We hereby set aside the judgment of the lower court in this regard,” the court stated.
Reacting, Adewale said the judgment had reaffirmed that there was only one PDP executive in Ekiti.
“The court has set out clearly that the process that produced them is legal and the people who are challenging the executive have no platform in law.
“All the documents that the Williams Ajayi group brought were all not signed or authenticated. And the court has said that it will not give credence to such papers because, they are all mere pieces of paper and not authentic documents.
“The court has reaffirmed the position of the Supreme Court that the court has no business with matters that have to do with the internal affairs of the party. The court cannot choose leaders or candidates for our party.
“We have to appreciate our judiciary for standing on the path of consistency and for also appreciating the urgency in determining this matter.”
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