- Panel returns Ondo’s file to PCA
- Blame FG, govs for corruption in judiciary – CJN
Definite hearing in all the appeals pending before the Court of Appeal, Abuja division over the gubernatorial candidate of the Ondo State chapter of the Peoples Democratic Party (PDP) was stalled over a petition alleging that the members of the panel had been bribed with about N350 million to speedily hear the matter.
The Special Court of Appeal panel is led by Justice Hannatu Sankey. The two other members were Justices E. Agim and O.E William-Dawudu. At the resumed hearing yesterday, counsel to the embattled governorship candidate, Eyitayo Jegede (SAN), Chief Wole Olanipekun (SAN) had announced appearance and noted that the business before the court was to move a motion filed by his client seeking to appeal the judgement of the Federal High Court sitting in Abuja that removed his name as the candidate of the party.
However, counsel to Jimoh Ibrahim, the Independent National Electoral Commission (INEC) recognised candidate of the party, Dr. Alex Izinyon (SAN) informed the court that he was just served about two affidavits; one a day before and the second one in court.
Jegede had emerged from the camp of the Chairman of the National Caretaker Committee of the party, Senator Ahmed Makarfi, while Ibrahim emerged from the Senator Ali Modu Sheriff faction. Izinyon later prayed the court to grant a short adjournment, submitting that there is no need for urgency as the case is a pre-election matter.
It was after this, that the three-man panel, presided over by Justice Hannatu Sankey asked counsel whether they were aware of a petition written by one Prince Adebiyi Poroye, the PDP factional chairman in Ondo State, alleging that the panel had been bribed to hear the matter speedily.
The petitioner, Poroye, alleged that Governor Olusegun Mimiko had boasted in the public that he, along with another governor, have settled the justices with N350 million. Poroye, who swore to an affidavit evidence to buttress his allegation, said that he believed that the justices have been compromised because the presiding Justice, Jumai Hannatu Sankey, is prone to corruption. The petitioner further alleged that Justice San-key had been sick for the past five years and as such, “became very poor and prone to corruption”.
Poroye further alleged in the petition that Sankey was transferred from Yola where Jegede, the appellant, was practising law for the past 15 years and that when the Justice arrived in Akure Division, Governor Mimiko boasted that he catered for her to the tune of N100 million.
In the circumstances, the petitioner demanded the disbandment of the panel on the ground that his side will not get justice from the panel. The PDP factional chairman also faulted the composition of a special panel to hear a pre-election matter, adding that there was no reason for the President of the Court of Appeal to have done so since the appeal was not time bound.
Both counsel, however, denied having the knowledge of the said petition. Visibly not comfortable, Justice Sankey, in an emotional laden voice, said: “Before we move ahead, we will like to bring to your notice that we got a petition addressed to the President of the Court of Appeal, dated October 31 and written by Prince Biyi Poroye. It is a sevenpage petition, copied the Presidency, Chief Justice of Nigeria (CJN), National Judicial Council (NJC) and National Security Adviser (NSA).
“The allegation is against this panel, especially myself that I have been bribed and that is why we are speedily hearing this appeal. The petition is rude, disrespectful. Lack of shame was alleged. The petitioner described me as a pauper because I was sick sometimes ago and that I have spent all my money on my sickness and that I am open to take bribe. “We have all left all our other assignments to see to the justice of this case, but this is how you will thank us.”
Reacting, Olanipekun noted that the petition is embarrassing, unfair, unfortunate and ungodly. “My Lords, the petitioner should be used as an example to ward off this type of frivolous accusations of our judges. “I am suggesting that the petition be forwarded to the police for thorough investigation and the petitioner be placed in custody,” he said.
Also reacting, Izinyon, who is the counsel to Poroye, denied knowledge of the petition and dissociated himself from it. “I am totally not aware of this petition, he did not tell me about it and I, therefore, stand to denounce it, but I shall be craving the indulgence of the court to allow me some allowances to interface with him,” he said.
When asked whether the petitioner was in court to substantiate the petition, Poroye was seen dashing out of the court and every attempt by the court to track him down proved abortive. The court, however, chided the petitioner that he should be bold to stand and defend the allegations he had levelled against the panel.
After taking reactions from the counsel, the panel stood down the matter. After about 10 minutes, the panel came back and informed counsel that it will hand off from the case based on the petition. Justice Sankey held:
“Ordinarily, since no fact had been put forward before the court to establish a case of likelihood of bias and since lawyers in this matter have all denied knowledge of the petition, we would have minded to ignore the petition.
But it is a settled law that when a case of likelihood of bias has been raised in a petition, it has to be looked into, even if the petition is frivolous. “We consider it necessary to disqualify ourselves from all petitions in respect of Ondo PDP governorship matters.
“We hereby step down from this matter and the case files are to be returned to the President of this court for re-assignment to another panel.” When New Telegraph ran across Poroye outside the court premises and asked him to substantiate the petition, he simply said:
“I don’t want to talk to the press now. It is a strategy.” Justice Abang had, on October 14, given an order in furtherance of his June 29 decision where he had asked INEC to recognise the faction led by Sheriff. In his October 14 ruling, Justice Abang nullified the listing by INEC of the candidate of Makarfi’s faction, Jegede, for the Ondo state governorship election coming up on November 26.
