The Supreme Court will today commence hearing on an appeal filed by the Ahmed Makarfi-led faction of Peoples Democratic Party (PDP) challenging an Appeal Court decision recognizing Ali Modu- Sheriff as the authentic National Chairman of the Party. The hearing which was earlier scheduled to commence on May 25 was brought forward by the five man panel of Justices headed by Justice Musa Dattijo Mohammed.
Following the decision of the Justices, the Sherriff faction of the party has filed a fresh motion seeking the Supreme Court not to entertain the appeal marked as SC/133/2017. The Makarfi faction had filed an appeal on February 27 after an Appeal Court sitting in Port Harcourt declared the Ahmed Makarfi Caretaker Committee as illegal. The decision of the Court was interpreted to confer legitimacy on the Sheriff Faction of the party.
In a written submission filed on May 10, by Lateef Fagbemi (SAN) on behalf of Sheriff and Wale Oladipo, the National Secretary of the Party, the group argued that having been declared illegal by the Appeal Court, the Makarfi faction of the party lacked the powers to take decision for the party, especially initiating a court proceeding in its name. They further held that since the authentic leadership of the party led by Sheriff was comfortable with the ruling of the appeal court, any suit filed on behalf of the party or against it by groups not recognized by law, was illegal and should be struck out. They held that filing the suit in the name of the PDP without authorization violates the party's constitution. Lateef cited Chapter 5, Articles 35(1), 36(1) and 42(1) of the PDP constitution to back the position.
The Submission reads in part “The decision of the Port Harcourt division of the Court of Appeal cited above (that nullified the ‘National Convention’ of the 21/5/2016, as well as the appointment of the ‘National Caretaker Committee’) and the order made therein for status quo as of May 18, 2016, judgment of Justice Mohammad in Suit No. FCT/HC/CV/1443/20l6, to be reverted to by parties, are still valid and subsisting, and as such, are not only binding on the parties and their privies, but also on the courts including the Supreme Court.
“In the circumstances, we humbly urge that these orders be given effect by recognising that only the National Executive Committee of the PDP, as represented by its National Chairman (Sheriff), National Secretary (Oladipo) and National Legal Adviser can act for the PDP to prosecute this appeal and to instruct counsel to act on behalf of the PDP.”
Meanwhile, the Makarfi faction has urged the Court to continue with the hearing, lamenting that the move by Sheriff was aimed at frustrating the main appeal. The group which is praying the Court to set aside the ruling of the appeal court wondered why Sheriff, having initially briefed Chief Olujinmi Akin (SAN) to submit written respondents in the matter turned around to request the Court through another lawyer to no longer entertain the appeal.
