Buruji Kashamu, senator representing Ogun east, has headed to the supreme court, after the judgement at the appellate court sitting in Ibadan did not end in his favour.
Kashamu and Ladi Adebutu have been laying claim to the governorship ticket of the Peoples Democratic Party (PDP) in Ogun state.
While the leadership of the party is behind Adebutu whom Uche Secondus, national chairman of the party, handed the governorship flag, a faction of the opposition party unveiled Kashamu as its candidate.
Kashamu had relied on a ruling of the federal high court in Abeokuta which ordered the Independent National Electoral Commission (INEC) to accept the list of candidates submitted to it by the faction of Kashamu.
But Adebutu asked the court of appeal to set aside the ruling of the lower court. At the court on Monday, Emeka Etiaba, counsel to Adebutu, demanded that the case be assigned to another judge at the federal high court.
But Alex Izinyon, counsel to Kashamu vehemently opposed the granting of the prayers sought by the appellants.
Etiaba said a party in perpetual violation of positive and subsisting orders of court cannot justifiably seek favour from the same court it had treated with contempt.
He contended that the appellants had the opportunity to state their case at the federal high court, Abeokuta, after they were served and chose to stay away from the court on October 2.
The court had fixed Tuesday for judgement.
Ruling on the suit filed by Adebutu, the court upturned the judgement of the Abeokuta high court which favoured Kashamu.
“Non-service of the originating summons on the applicants at the lower court rendered all the order given at the lower court against the applicants a nullity and this is an indication that the applicants were not given a fair hearing,”
Haruna Tsammani, the lead judge, held.
“In the interest of justice, the order of the lower court is set aside, null and void and an academic exercise.”
Tsammani ordered that the case be returned to the chief judge for reassignment to another judge.
Dissatisfied, the senator asked his lawyers to proceed to the apex court.
“Our lawyers have taken steps to immediately appeal the judgment of the Court of Appeal to the Supreme Court,” read a statement issued by Kashamu’s campaign on Tuesday night.