The counsel to the erstwhile chairman of the Social Democratic Party (SDP) in Delta State, Oke Idawene, one E.S Ogbomade Esq, has withdrew its letter of instruction to strike out the name of SDP as a petitioner in petition filed by the party’s governorship candidate, Olorogun Barr. Kenneth Gbagi, before the Delta Governorship Election Petition Tribunal sitting in Asaba, the State capital.
Idawene in a letter of instruction dated April 19th 2023, directed the lawyer that is unknown to the Social Democratic Party whom it described as an impostor to take steps and file the appropriate papers for the withdrawal of SDP and to strike out its name in the aforementioned petition.
At sitting on Monday May 15th 2023, to commence Pre-hearing, counsel, E S Ogbomade Esq informed the panel of Justices that he is withdrawing his application on the letter of Instruction he earlier filed before the tribunal.
The letter in the absence of objection from the counsel of the SDP flag bearer, Gbagi, was then struck out.
This is coming after the National Working Committee (NWC) of the Social Democratic Party, disassociated itself from the controversial letter of Idawene, reaffirming in a letter jointly signed by the National Chairman and National Legal Adviser, Alhaji Musa Shehu Gabam and Aderemi A. Abimbola, respectively that Gbagi, remains the authentic gubernatorial candidate of the party in the March 18th 2023 general election in the State.
The letter reads in part: “the National Working Committee of our great party, hereby wishes to disassociate the 2nd petitioners from an application filed before the tribunal by one E.S Ogbomade Esq an unknown and an unauthorized counsel on behalf of our party”.
The party further stated as follows that “the 2nd petitioners, Social Democratic Party (SDP), has not instructed any counsel to file any application for the discontinuance of the petition filed before your honourable tribunal.
“That SDP reconfirms that we are party to the said petition before the Honourable tribunal and the Governorship candidate, 1st petitioner is the flag bearer of the party for the 2023 election.
“The above stated petition was initiated by due process and signed on behalf of our party by the National Legal Adviser who is authorized by the National Working Committee under our party constitution to initiate any action in court amongst others.
“Pertinent to state here, that no state chapter of the party can initiate court action nor defend court action without prior approval of the National Working Committee and National Legal Adviser in accordance with the provisions of our constitution.
“The above named counsel E. S Ogbomade Esq that filed the application for withdrawal is unknown to the party hence, he is an impostor. Equally, important to inform your lordships that the said counsel was earlier was warned and advised against filing such application after being hinted of the move through our South/South National Vice Chairman.
“The party through the office of the National Legal Adviser has resolved to file a petition against the said counsel with the Nigerian Bar Association for disciplinary action.
“We therefore urge that your Lordships discountenance totally the said notice of withdrawal of the petition filed by a counsel whose name is not on record before the tribunal and an impostor who would soon be a subject of investigation and discipline by Legal Practitioner Disciplinary Committee (LPDC)”, the duo said.
It would be recall that on 19th April 2023, Idawene in a letter of instruction through one E.S Ogbomade Esq, has written to withdraw SDP and to strike out its name as a petitioner from the petition tagged: “Petition No. EPL/EL/GOV/02/2023.
