The panel, led by Justice Ibrahim Saulawa told parties Wednesday that they would be informed when the judgment was ready.
Jegede appealed the October 14, 2016 ruling of Justice Okon Abang of the Federal High Court, Abuja, directing the Independent National Electoral Commission (INEC) to substitute Jegede with Jimoh Ibrahim as the candidate of the PDP in the forthcoming governorship election in Ondo State.
Justice Saulawa’s announcement elicited complaint from the camp of the respondents comprising state’s executive of the PDP in the South West (loyal to the Ali Modu Sheriff leadership of the party), led by Biyi Poroye, Chairman, PDP, Ondo State.
Their lawyer argued that Jegede’s lawyer was allowed to adopt the appellant’s brief where the respondents were yet to file their reqponsents’ brief as required and to allow the court hear from both sides.
Respondents’ lawyer, Beluolisa Nwofor (SAN) had argued that the court could not hear the substantive appeal in view of the pending appeal at the Supreme Court.
He told the Appeal Court panel that his clients have appealed its earlier ruling granting leave to Jegede to appeal and that they have also filed a motion for stay of proceedings before the Supreme Court.
Nwofor, who tendered certified true copies of the record of appeal and motion for stay of proceedings, urged the court to abide by the long held tradition of deferring to a higher court once an appeal is entered and record of appeal compiled.
He argued that since their appeal was entered at the Supreme Court and a motion for stay of proceedings also pending before the apex court, the appellate panel has lost jurisdiction to proceed with the appeal by Jegede.
“We have asked this court to hands off and await the Supreme Court’s decision on our motion for stay of proceedings. This court has lost the jurisdiction to proceed with this appeal. It should await the decision of the Supreme Court.
Appellant’s lawyer, Wole Olanipekun (SAN) faulted Nwofor’s argument and urged the court to proceed to hear his cleint’s appeal.
He argued that, for his client, time was of the essence because by the new provision of the Electoral Act, a person, who did not participate in all process of an election cannot challenge its outcome.
Justice Saulawa however overruled Nwofor, noting that the court had, on November 10, 2016 granted an accelerated hearing in the case, abridged the time within which parties are to file their processes and a departure from the rules.
Shortly after the judge’s spoke, Olanipekun adopted his client’s appellant’s brief and urged the court to allow the appeal.
Nwofor, who expressed surprise at the development, said his clients had been shot out. He said the court failed to abide by tradition where appeals are entered.
As Justice Saulawa announced the reservation of judgment, supporters of Jimoh Ibrahim and Sheriff, who occupied a section of the court, began to murmur.
Meanwhile the court has adjourned to 12noon today to enable Poroye and other respondents in the appeal by Senators Ahmed Makarfi and Ben Obi to file their respondents’ briefs.
Makarfi and Obi are appealing the June 29 judgement of Justice Okon Abang of the Federal High Court, Abuja recognising the Sheriff-led National Executive Council of the PDP as the party’s authentic leadership body.
The court, in two separate rulings Wednesday, refused applications by Ibrahim to be made a party in both appeals.
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