The Federal High Court sitting in Lagos had on the 24th of June, 2016 delivered a judgment in which it upheld the validity of the Dayo-led Ogun State PDP Exco and ordered the national leadership of the PDP and the Independent National Electoral Commission (INEC) INEC to recognize and deal with the Dayo-led Exco till the expiration of their four years tenure in 2020.
Dissatisfied with the judgment, the PDP under the erstwhile National Caretaker Committee lodged an appeal at the Lagos Division of the Court of Appeal. But after the Port Harcourt Division of the Court of Appeal declared Senator Ali Modu Sheriff as the authentic National Chairman of the PDP on the 17th of February, 2017, Sheriff caused a Notice of Withdrawal to be written to the court on behalf of the Party.
On the basis of this, the Lagos Division of the Court of Appeal dismissed the appeal on the 4th May, 2017. A further application to have the dismissed appeal relisted was struck out on the 11th of July, 2018 and a cost of N200, 000 awarded against the PDP.
Further dissatisfied with the ruling of the Court of Appeal, which refused to relist the appeal, the PDP approached the Supreme Court asking it to reverse the decision of the Court of Appeal refusing to relist the dismissed appeal.
The national leadership of the party as represented by Mr. Emeka Etiaba (SAN) and Dr. Yemi Oke also filed motions for stay of execution of the judgment of the Federal High Court, Lagos, in Suit No.FHC/L/CS/636/2016 and accelerated hearing of the appeal.
Dr. Alex Izinyon (SAN) led the legal team which comprised of Mr. John Odubela of Ricky Tarfa and co. for the Engr. Adebayo Dayo-led Ogun State PDP Exco.
When the matter came up on Wednesday, the apex said it has no jurisdiction to grant the request for stay of execution of the judgment as requested by counsel to the Uche Secondus-led national leadership of the Party.
The five-man panel of the Supreme Court, which was chaired by the Honourable Justice Bode Rhodes-Vivour, pointedly told the appellant that the Supreme Court does not stay judgment of a trial court but that of the Court of Appeal.