However, a five-man panel of the apex court led by Justice Olabode Rhodes-Vivour today unanimously struck out the appeal for being incompetent.
Naija News recalls that a Court of Appeal in Ilorin, the Kwara state capital had sacked the Hon Ishola Balogun-Fulani faction of the APC in the state and upheld the Hon Bashir Bolarinwa-led APC executives.
Justice Oluwakayode Ariwoola, who read the lead judgment, agreed with the respondents’ lawyers that the appeal had become incompetent on the grounds that its records were transmitted to the Supreme Court outside the 14-day time limit provided in the apex court’s rules.
Fulani had filed an appeal against a decision of the Ilorin Division of the Court of Appeal delivered on February 12, 2019, striking out their case against APC, its National Chairman, Adams Oshiomhole, and others.
The appellant had filed a notice of appeal against the Court of Appeal’s decision on February 14.
Justice Ariwoola noted that the appellant, however, failed to transmit the record of appeal from the Court of Appeal to the Supreme Court until March 4.
“The appeal is adjudged to be lacking in merit. It is struck out for being incompetent,” the apex court ruled.