The three-man panel, chaired by Justice Amiru Sanusi, upturned the January 11 judgment of the Federal High court, Abuja, which sacked Oyinlola.
Justice Abdul Kafarati had declared that Oyinlola’s nomination and subsequent election as the National Secretary of PDP were invalid, null and void.
He relied on the order and two separate judgments of the Federal High Court, Lagos, that nullified the South West zonal congress that produced him as candidate for the National Convention in March 2012.
The trial judge gave the verdict in a suit by the Ogun State Executive Committee of the party.
Oyinlola had, subsequently approached the Court of Appeal, Abuja, asking it to set aside the judgment.
In its judgment on Wednesday, the appellate court said the judgment which the Federal High Court, Lagos relied on to remove Oyinlola was not binding on him because he was not a party in the suit.
Justice Joseph Pine Pur held that the judgment of the Federal High Court, Abuja, was null and void because Oyinlola was denied a fair hearing in the suit the Lagos court relied on to sack him.
Besides, the court held that the judgment of the Federal High Court, Abuja, could not stand because the suit which led to the order was a multiplicity of action and therefore constituted an abuse of court process.
The panel noted that the suit was the third one filed by the plaintiffs to enforce the judgment of the Federal High Court, Lagos, which nullified the South West zonal congress.
In its third reason, the panel noted that Oyinlola had already filed a motion for stay of the Lagos judgment at the Court of Appeal, Lagos, as of the time the Ogun SEC of the PDP filed a suit to enforce the judgment in Abuja.
Reacting to the judgment, counsel for the Ogun SEC of the PDP, Ajibola Oluyede, said there was no evidence to support the reasons given by the Court of Appeal.
Source: Punch
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