28th February, 2011
The Court of Appeal sitting in Ibadan, capital of Oyo State today adjourned till March 10 2011 hearing on the motion on notice filed by Elder Wole Oyelese, the former Minister of Power, Hazeem Gbolarunmi, former Deputy Governor and others restraining Independent National Electoral Commission, INEC and  the Peoples Democratic Party  from acting upon the nomination of Governor Adebayo Alao-Akala as the candidate of the party in the coming elections.
The motion could have been argued today if not for the excuse given by the respondents’ counsels, Chief Richard Akinjide (SAN), representing Akala and Chief Mobolaji Ayorinde, representing PDP that they are yet to see the court papers. Although  the court records affirmed that they had been served, Justice Stanley Alagoa agreed to give them sometime to study the papers.
Justice Alagoa also  struck out the motion seeking for a stay of execution on the vacated injunction of the lower court presided over by Justice Jonathan Shakarho. He did so when the counsel to the applicants, Oluwarotimi Akeredolu, (SAN) informed the court that events had overtaken the application for which the respondents’ counsels have filed counter-Affidavits.
Akeredolu decided to withdraw  the stay of execution filed to restrain INEC from enlisting Akala as a governorship candidate of PDP in Oyo State so that there would not be a delay in hearing the substantive suit.
He said that he has decided to reduce the respondents to two: the PDP, which  organized the congresses and primaries and INEC to which PDP submitted the names of some members  as  candidates in the forthcoming election.
He however told the court that Chief Akinjide is no longer a party in the matter because he has filed a notice of discontinuance against his client, Akala.
But this position was not taken lightly by Chief Akinjide (SAN)representing Akala and Chief Mobolaji Ayorinde (SAN) representing Independent National Electoral Commission (INEC) who jointly argued that in such a circumstance, the court should not strike out the motion but dismiss it.
Akinjide and Ayorinde further told the court that they were in a dilemma, as they filed their counter affidavit on 25 February and could not comprehend why Akeredolu wanted to withdraw the motion.
As the court was becoming heated up as a result of hot arguments, Akeredolu accused Akinjide and Ayorinde of abusing court practices leading to Akinjide asking Akeredolu to withdraw a statement that Akinjide and Ayorinde were wasting the time of court.
Akinjide further stated that he should be given some respect because he has written some books which are being used in the law school but Akeredolu took him up saying that he would not withdraw his statement because he was talking from the point of law.
The presiding judge doused the tension by appealing  to the two parties in a very mature way and eventually struck out the motion.
The court awarded N10, 000 each for the 2ND AND 3RD respondents.
—Gbenro Adesina/Ibadan