Ayantola in his affidavit of fact deposed before the appellate court said he did not at any material time brief the counsel who stood up to represent him in the court over the dissolution of the local council’s chairmen in the state. The State government had dissolved the local government Chairmen and appointed Caretaker Committees to administer the councils, following the judgment of Justice Adesola Sidiq that set aside the elections of the officials elected under the platform of Peoples Democratic Party (PDP). The lower court had nullified the election that produced the chairmen based on the allegation that PRP was excluded from the ballot papers, despite the protest from the National Chairman of the PRP, Alhaji Balarabe Musa, that the party was not excluded in the ballot papers and the party also participated in the election. But the PRP headed to the appellate court, having dissatisfied by the Justice Sidiq ruling, urging the appellate court to set aside the lower court’s decision. The appeal filed by PRP has as respondents the State Independent Electoral Commission (ODIEC), Prof Olugbenga Ige, erstwhile Chairman of ODIEC, Attorney General and Commissioner for Justice, Mr Alli Samson Oluwafemi, Ayantola Oluwagbenga, Ibukun Arijeloye and Prince Banji Ayelabola Henry. Counsel to the PRP, Mr Femi Aborisade, however, argued that the decision of the lower court delivered on 31 of March this year denied the appellant the right to be represented by the counsel of its choice. According to him, a counsel, Mr Segun Ogodo who is unknown to the appellant and who was never briefed was recognized and imposed on the appellant. Aborisade informed the appellate court that all attempts to withdraw the initial suit filed by the PRP and its legal team was rejected by Justice Sidiq who went ahead to dissolve the Local Government. Aborisade who formulated two issues for determination asked whether the lower court has not denied the appellant of its constitutional and fundamental right to fair hearing and whether the court was right to discountenance the processes filed by the appellant to discontinue or withdraw its suit. However, the three-man panel led by Muhammed Danjuma, after listening to the counsels, fixed the hearing of the appealed filed by Peoples Redemption Party (PRP) against the dissolution of the 18 Local Government by the Ondo State Government to December 5.]]>
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Authored by Ben Ijeoma Adigwe Esq., ACIarb (UK), LL.M, Dip. in Artificial Intelligence, Director at the Delta State Ministry of Justice, Asaba, Nigeria.
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