The New Nigeria People’s Party (NNPP) says it has debriefed Peter Ogah of Peter Ogah & Partners from its election petition before the Ogun State Governorship Election Petitions Tribunal sitting in Abeokuta.
This is contained in a motion presented before the tribunal, seeking to replace Peter Ogah with Isaac Dale Izunya of Izunya Izunya & Co, as the new counsel in respect of the governorship election petitions.
The News Agency of Nigeria (NAN) reports that the NNPP and its Governorship candidate, Olufemi Oguntoyinbo, are challenging the omission of the party’s name from the ballot papers used for the March 18 governorship elections.
The motion stated that the party and Oguntoyinbo have appointed another Counsel, Isaac Dale Izunya of Izunya Izunya & Co, to act as the new counsel in respect of the case.
The motion titled: “Motion on Notice for Change of Counsel” was brought pursuant to Section 36 (5) (C) of the 1999 Constitution of Nigeria (as amended) 2018, Order 9 Rule 35 (1) of the Federal High Court (Civil Procedure).
Rules, Schedule l, Paragraph 47 (2) & (3) 9f Electoral rules and Procedure, 2022 and under the inherent jurisdiction of this honourable court reads:
“An order permitting the petitioner to change his Counsel from Peter Ogah Esq of the Law Firm of Peter Ogah & Partners to Isaac Dale Izunya Esq of the law Firm of Izunya Izunya & Co.
“My lord, we submit to your Lordship that the right of the Petitioner/Applicant to get a counsel of her choice that is, briefing and debriefing a counsel at any time is a guaranteed constitutional right,” it stated.
The party, in the motion submitted on the basis of Exhibit ‘A’ in the affidavit in support of the application, stated that Izunya was the only person authorised to take over the matter.
It said: “The law is crystal clear beyond peradventure that issues of internal affairs of a political party, which the instant case is, is controlled by the National Executive Committee of the party.
“In PDP V Sylva (2016) LPELR- 42559 (SC) the Supreme Court at pg. 146 held thus.
“Consequently, the court does not have jurisdiction to appoint persons to hold party offices, represent party in elections or determine any dispute arising from the internal affairs of a political party.
“See also the cases of PDP vs Sherrif & Ors (2017) LPELR-42736 (SC).”
The motion submitted that based on the above, the National Executives of the party was the supreme organ of the party that takes decision for and on behalf of the party.
It said that the party had taken decision as per Exhibit ‘A’ and no member of the party or any authority is vested with jurisdiction to question the decision of the National Executive Committee.
“Going by the above, it is obvious my lord, that a party to a suit has an unfettered right to change his counsel at any time during the pendency of the suit.
“We humbly urge this Honorable Court to grant the prayer of the Petitioner/Applicant and permit her to change her counsel from Peter Ogah to I.D Izunya,” it said.
NAN recalled that the NNPP National Secretary, Dipo Olayoku, had through a letter dated March 24 informed the office of Izunya Izunya & Co to be the Counsel in any petition concerning March 18 elections.
According to the letter with the heading: “Letter of Instructions to file petitions at the Governorship and State Assembly Elections Tribunal, Isabo, Abeokuta, Ogun State’ reads:
“Take this as instructions to lead Isaac Dale Izunya to file petitions on behalf of the New Nigeria People’s Party (NNPP) Governorship and State Assembly Elections holding at Isabo, Abeokuta, Ogun State.
“The petitions are to challenge the outcomes of the Governorship and State Assembly Elections conducted on March 18.”