Sacked PDP official, lawyer disagree over appeal withdrawal
APRIL 1, 2013
Tukur
Former National Working Committee member of the Peoples Democratic Party, Chief Bode Mustapha, and the party’s lawyers have disagreed over the withdrawal of an appeal challenging Mustapha’s removal.
The PDP, which a few months ago acted on a judgment of a Federal High Court, removed Mustapha as the National Auditor of the party.
Mustapha, in a letter to the PDP lawyer, Chief Joe-Kyari Gadzama, said that he (Gadzama) did not have his approval to represent him in a suit at the Court of Appeal, Lagos.
The suit, with number No: CA/L/515/212, is an appeal against a judgment of a Federal High Court, Lagos.
In the appeal, the PDP, Mustapha and a former Secretary of the party, Prince Olagunsoye Oyinlola, challenged the removal of the two national officers from the South West by a judgment of a Federal High Court, Lagos, on January 27, 2011.
The appellate court had on June 25, 2012, granted the appellants a stay of execution.
In a judgment by Justice H.M.Ogunwumiju and two others, the court said, “We are firmly convinced that the balance of justice lies in the stay being granted. The res in this case cannot be destroyed by either party, but the liberty of any of the applicants, if taken by contempt proceedings, cannot be easily restored.
“An order of stay of execution or further execution of the judgment and orders of Hon. Justice C.E.Archibong of the Federal High Court, Lagos in suit No. FHC/L/CS/1248/2011 delivered on January 27, 2011 is hereby made.”
But the case took a new turn on March 22, 2013, when Mustpaha opposed his representation by Gadzama.
In the letter, Mustapha, said, “I wish to say once again that neither your good self nor your law firm has my instruction to represent me or withdraw the appeal on my behalf.”
Tukur had, in a letter dated January 17, 2013, instructed Gadzama to “represent the Peoples Democratic Party and accordingly handle all process and proceedings at any state High Court, the Federal High Court, Court of Appeal and Supreme Court in respect of all actions in the suit No. FHC/AGJ/CS/504/2012; Chief Adebayo Dayo and another V. Prince O. Oyinlola and two others.”
Gadzama took over from Otunba Kunle Kalejaiye.
Gadzama was in the United States when our correspondent contacted him on the telephone to get his reaction to Mustapha’s letter.
But he referred our correspondent to his junior partner, Mr. Frank Egbo, the lawyer handling the appeal.
When our correspondent got in touch with Egbo afterwards, he explained that Mustapha only wrote to ask Gadzama to stop representing him after the notice of withdrawal of the appeal had been filed.
Egbo further explained that as at the time PDP National Chairman, Alhaji Bamaga Tukur, instructed them to take over the appeal on January 17, 2013, they were representing the party and its officials, including Mustapha.
He said, “We have replied him. He is saying that he did not instruct us to withdraw the appeal.
“Now that we are aware of his wish for us not to represent him, we are no longer representing him.”
Commenting on the development, a former PDP deputy governorship candidate in Ogun State, Mr. Tunde Oladunjoye, said, “All over the world, it is a known fact that people have the right to their own choice of lawyers.”
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