The faction of Senator Ademola Adeleke, who emerged alongside Prince Dotun Babayemi as the standard-bearer of Osun State Peoples Democratic Party (PDP), ahead of July 16 governorship election, has petitioned the National Judicial Council (NJC) over injunctions obtained by his counterpart.
Adeleke faction called for probe of Justice Adeyinka Aderigbigbe of the state High Court sitting in Ijebu-Jesa where Babayemi has been obtaining injunctions.
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 of a judge of the High Court in respect to his handling of suits numbered, HIF/36/2021 between Soji Adagunodo and PDP & ANOR, as well as HIJ/6/2022 between Mr. Adedokun Ademola & ORS and PDP &ORS.
The petition, obtained by The Nation, 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 well 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”.