Fayose Vs Olujimi: No pre-trial injunction can be issued to stop completed acts
Counsel to the People’s Democratic Party (PDP), in the suit filed by a group loyal to the Senator representing Ekiti South, Biodun Olujimi, challenging the March 7, 2020, Ward Congresses of the party, Olalekan Ojo (SAN) has said that “no pre-trial injunction be it Ex-parte, interim or interlocutory can be issued to restrain any completed act.”
The suit, FHC/AD/CS/2020, was filed by one Oladimeji Samson Olalekan, who is believed to be acting on behalf of the Olujimi group that is aggrieved over the outcome of the March 7, 2020 Ward Congresses, in which loyalists of former Governor, Ayodele Fayose emerged victorious.
Ojo’s letter was a response to a letter dated April 30, 2020, written to the PDP National Chairman by counsel to Olujimi’s group, Wahab Egbewole (SAN), calling for the suspension of inauguration of the new Ward Executive Committee of the party in Ekiti State.
He said as at April 30, 2020, “the elected Ward Executive Officials that emerged from the Ward Congresses that was held on 7th March, 2020 had been sworn in and both the oath of office and oath of allegiance had been taken in the early hours of 30th April, 2020 before the court session.”
In the letter dated May 1, 2020, Ojo pointed out that; “the law is trite that no pre-trial injunction be it Ex-parte, interim or interlocutory can be issued to restrain any completed act. Furthermore, the law is also trite that it is only a Court of Law that can set aside any such completed act in its final judgment if the court finds that any such completed act has been wrongfully or illegally done by the Defendants.”
He said the position of the judge in the ruling of Thursday, April 30, 2020, dismissing the Motion Ex-Parte dated March 20, 2020, was that there was no urgency to warrant the granting of the Motion Ex-parte and that the interest of justice will be served by hearing the Defendants which can only be achieved at the stage of hearing the Motion on Notice for the interlocutory injunction.
The senior lawyer assured that the PDP, being a law abiding political party will accord necessary respect to the eventual judgment of the Federal High Court in this matter.
He therefore urged that all parties to the case should continue to pursue their rights or remedies before the Federal High Court that is already seized of the matter.
Also, in another letter to the PDP National Chairman, notifying the party of his response to counsel to Olujimi’s group, Ojo said “party to any action or any Counsel by an ordinary letter cannot direct the other party to do any act or refrain from doing any act. It is only the Court that has the necessary jurisdiction and power to give any effect or binding order on the parties before the Court.”
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