Date: 2018-05-10

A Federal High Court in Ilorin, Kwara State, has said the Akogun Iyiola Oyedepo-led Peoples Democratic Party (PDP) has a case to answer.

The Sunday Fagbemi-led faction is challenging the November 13 election, which produced the Oyedepo-led exco.

But Oyedepo and five defendants, through their counsel, Rasak Alabi, filed six grounds of preliminary objection.

Fagbemi and four others were represented by Azeez Olagoke.

But the court dismissed Oyedepo's preliminary objection.

In the February 14 notice of preliminary objection, the defendants objected to the competence of the suit on the grounds:

The plaintiffs failed/neglected to comply with the mandatory sections 97 and 98 of the Sheriffs and Civil Process of the Federal High Court Rules 2009;

The second, third, fifth and sixth defendants were not personally served with the originating summons;

The court lacks the jurisdiction to entertain an action or proceeding as proper parties are not before it;

The plaintiffs failed to show a reasonable cause of action;

The court lacks the competence to and/or requisite jurisdiction to entertain the case in whole as constituted, and the interest of justice will be better served by the grant of this objection.

Justice N. I Afolabi dismissed the six grounds, saying: "On the whole, I find that the defendants' objections are unsustainable and lacking in merit. This preliminary objection therefore fails on all grounds and it is dismissed.

"From all facts and documentary evidence before the court, it is evident that there is a cause of action established by the alleged irregularity in the congress, and the fact that the second to sixth defendants have allegedly continued to parade themselves as the state executive committee, despite the decision of the Appeal Panel.

"It would appear to my mind, therefore, that there are serious and actionable issues placed before the court by the plaintiffs and same are actionable against the defendants.

"Furthermore, I have ascertained from allegations made, and documents raised before me, that if the facts are proved against the defendants, the plaintiffs would likely succeed in their claims.

"I, therefore, find that not only do the plaintiffs have a cause of action against the defendants, they also have a reasonable cause of action which this court can validly adjudicate."