The Peoples Democratic Party group in Osun State loyal to Senator Ademola Adeleke has petitioned the National Judicial Council over injunctions secured by Prince Dotun Babayemi.
The PDP’s two factions held simultaneous governorship primary elections, with Adeleke and Babayemi becoming victorious.
Later, Babayemi obtained a High Court judgement prohibiting the PDP and the Independent National Electoral Commission from recognising Adeleke as the party’s candidate.
The Adeleke faction demanded that Justice Adeyinka Aderigbigbe of the Osun State High Court in Ijebu-Jesa, where Babayemi obtained the injunction, be investigated.
The petition, signed by the party’s acting state chairman, Sunday Bisi, secretary, Bola Ajao, and legal adviser, Taofeeq Tewogbade, accused the judge of judicial misconduct, impertinence, and abuse of office as a High Court judge in relation to his handling of the cases HIF/36/2021 between Soji Adagunodo and PDP & ANOR, and HIJ/6/2022 between Mr Adedokun Ademola
The petition partially read, “It is our complaint that ignoring and non-compliance with the judgment of the Court of Appeal in Peoples Democratic Party & Ors. vs. Hon. Olasoji Adagunodo (Supra) flies in the face of the known doctrine of stare decisis.
” This doctrine also called judicial precedent is well rooted in Nigerian jurisprudence. It is a settled principle of judicial policy which must be strictly adhered to by all trial courts. While trial courts may depart from their own decisions reached per incuriam. they cannot refuse to be bound by the decisions of higher courts even if those decisions were reached per incuriam.
“The implication is that a trial court is bound by the decision of the higher court, even where that decision is given erroneously. In the Instant case, the High Court of the Osun State, sitting at lle-Ife is bound by the Court of Appeal decision in Appeal No. CA/AK/349/2020. See Dalhatu v Turaki 2003 15 NWLR Pt 843 310 at 336, 340; Atolagbe v Awuni 1997 9 NWLR Pt 522 536 at 564.”
The party is also requesting that the NJC investigate the judge on the following grounds: disrespect for the Court of Appeal’s judgment/decision in Appeal No. CA/AK/349/2021, which was delivered on March 5, 2021; and failure to follow the Supreme Court’s decision in Emeniks vs PDP & Ors (2012) 12 NWLR (Pt. 1315) 556 at 602. In Suit No. HIF/36/2021 and SUIT NC HIJ/6/2022, he condones the abuse of court process in his various judicial proceedings.
“Acting with impunity in granting Ex-parte orders in Suit No HIF/36/2021 and Suit No. HIJ/6/2022 respectively. Exhibition of penchant bias in the handling of Suit Ne HIF/36/2021 and HIJ/6/2022 filed by Edmund Z. Biriomor before his Court.
“The refusal to avail our party with records of proceeding particularly, the ruling of the Court in Suit No. HIF/36/202 delivered on the 16th February, 2022, despite our party application requesting for Certified True Copy of the said ruling.”
