Osun State High Court on Tuesday, ruled against the PDP from expelling Babayemi from the party pending the determination of the substantive suit.
In the suit HOS/M.212/2022 between Babayemi, PDP, INEC, Bukayo Ogunleye and nine others, an order of interim mandatory injunction was sought by the plaintiff .
In the like manner, it seeks to restrain the defendants/respondents or their agents from carrying out their purported action as captured in the press conference addressed by some members of the party in Otun Balogun Ward 2 Gbongan.
Equally, the plaintiff sought and was granted a mandatory interim injunction to restrain the defendants/ respondents or their agents from taking any further steps pending the determination of the originating summons and to this effect prayed the court to maintain the status quo until the final determination of the suit.
In its ruling, Justice Falola maintained that going by the Justice Adeyinka Aderibigbe’s pronouncements in the suit HIJ/6/2022 as instituted by Mr Ademola Adedokun and 20 others on behalf of themselves and Ward Executive officers elected on 25th September, 2021 in the Ward election supervised by the then State PDP Chairman,Hon Olasoji Adagunodo, the persons that undertook the expulsion of Babayemi were ordinary members of the party and as such, impostors.
“In the Press Release by those that purportedly expelled the applicant(exhibit EB11),it was disclosed and or admitted that the so called query that led to the expulsion of the applicant was not served on him personally but allegedly on a private guard in his residence”
“By exhibit EB 12, the 11th and 12th defendants, issued the communique which nullified the purported expulsion of the applicant, are insisting that they are the authentic Ward Executive as pronounced by the court of competent jurisdiction , that is exhibits EB 5 and EB 6. They have also issued query on 3rd-10th respondents that purportedly expelled the Applicant.
According to Justice Falola, the expulsion of Babayemi was questionable; stressing,” The court is there to intervene where there is serious dispute such as we have here. In effect, I find merit in the Motion Exparte for Order of Mandatory Interim Injunction especially as disposed to in paragraphs 4 I,j,k,l,m,n,ff, hh,ll,jj,kk,ll and nn of the affidavit in support. The party has broken into factions in Otun Balogun Ward 2 Gbongan. Based on the above premise, I hereby accede to the prayers of the Applicant”[/b]
To this effect,”the Court has decided to reverse and put in abeyance, the purported expulsion of Babayemi, warning that,1st-10 Defendants/Respondents shall suspend all steps taken or are planning to take with a view to giving effect to the purported expulsion of the plaintiff/Applicant, and shall not embark on any punitive against the plaintiff/ Applicant”
Justice Falola further directed that the rights and privileges of Babayemi be restored in the interim as a full fledged member of the PDP in Otun Balogun Ward 2, Gbongan
