PDP leadership tussle: S-Court adjourns hearing to May 25

By Ikechukwu Nnochiri

ABUJA—– The Supreme Court, on Thursday, adjourned hearing on the leadership crisis rocking the Peoples Democratic Party, PDP, till May 25.

A five-man panel of Justices of the apex court fixed the date to hear an appeal that is challenging the judgement that declared Senate Ali Modu Sheriff as the authentic National Chairman of the party.

The appeal was lodged by the Senator Ahmed Markafi-led Caretaker Committee of the party which was sacked by the Port Harcourt Division of the Court of Appeal on February 7.

The Supreme Court panel which was headed by Justice Musa Dattijo Mohammed okayed full-blown hearing on the matter after all the parties regularized various processes they filed in respect of the appeal.

The Markafi-led faction had in the appeal marked SC.133/2017 and dated February 27, which they filed in the name of the PDP, challenged the appellate court verdict that handed leadership of the party to Sheriff.

Respondents to the appeal are Sheriff, his National Secretary, Prof. Wale Oladipo, the Independent National Electoral Commission, the Inspector-General of Police and the State Security Service.

When the case was called-up, the Sheriff-led PDP, through its counsel, Prince Lateef Fagbemi, SAN, notified the court of an application they filed on March 21, challenging the locus-standi of the Markafi-led faction to institute any court action in the name of the PDP.

Fagbemi, SAN, said the application is seeking to withdraw and terminate further proceeding on the appeal on the basis that it was filed by persons not authorized by the authentic leadership of the party.

He contended that based on the subsisting judgment of the Court of Appeal in Port Harcourt, Markafi and his group lacked the legal-footing to pursue the appeal in the name of the PDP, though he said they have the right to merely identify themselves before the apex court as interested parties.

Consequently, Fagbemi applied for the suit to be struck out in its entirety, the “authentic PDP” having filed a motion for discontinuance of the appeal.

“My lords, there is a judgment at the Court of Appeal that recognized Sheriff as the authentic Chairman of the Party.

“Afterwards, the counsel who represented Makarfi’s faction of PDP filed an appeal without consulting the Chairman. The new leadership then wrote to them, stating that it does not need to appeal the decision of the Appeal Court.

“The new leadership is not interested in the appeal and it is the only faction that can decide whether it is interested in the appeal or not”, Fagbemi insisted.

Nevertheless, head of the apex court panel, Justice Dattijo, drew Fagbemi’s attention to the fact that the appellate court does not have the final say on the protracted leadership dispute.

“Going by the constitution, the Court of Appeal is not the final and the appeal in the Supreme is a continuation of the process. What you are raising here is a preliminary objection.

“There were two parties to the Court of Appeal’s decision. Does the other Party not have a right of appeal? Was the decision of the lower court made ex-parte?” Justice Datijjo queried.

He held that the Markafi-led faction have a right of appeal at the apex court.

On his part, counsel to the appellants, Chief Wole Olanipekun, SAN, urged the court to hear the appeal on its merit.

Before the matter was adjourned till May 25, the apex court gave Fagbemi, SAN, seven days to file and serve a written address in support of his motion on all the parties, even as it gave Olanipekun, SAN, five days to reply.

Likewise, the court gave the 1st and 2nd respondents 14 days to file and serve their counter affidavit on the appellants.

 

 

 

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