The Court of Appeal sitting in Port Harcourt has affirmed the emergence of Senator Ali Modu Sheriff as the national chairman of the Peoples Democratic Party (PDP).
The court also nullified the May 21, 2016 national convention of the PDP held in Port Harcourt, which dissolved the Sheriif-led executive of the party and elected a national caretaker committee led by Senator Ahmed Makarfi.
Sheriff had appealed the earlier judgment of July 4, 2016 by Justice Mohammed Liman of a Federal High Court sitting in Port Harcourt, which upheld the outcome of the convention.
In the judgment, which lasted about four hours yesterday, two out of the three justices of the appellate court, Justice Bitrus Sanga and Justice Abubakar Gumel held that the removal of the National Working Committee and setting up of a caretaker committee by the national convention of May 21, 2016, was illegal abinitio.
Delivering the lead judgement, Justice Sanga submitted that the PDP did not follow the provisions of Article 47(3) of its Constitution in the removal of the Sherrif-led working committee.
According to the judge, no vote of confidence was passed as provided by the said article and that the national working committee was not put on notice.
He stated that Justice Liman of the Federal High Court held in error when he said the appellant committed abuse of court process by postponing the PDP convention and awarded N100,000 cost in favour of the appellant.
On his part, Gumel who is also the presiding Justice of the Court of Appeal, Port Harcourt division, stated that the preliminary objection filed by the PDP was incompetent.
He further held that Sherrff and his executive cannot be removed until August 2017, except the party holds an election.
Gumel described the originating summons in the suit at the Federal high Court as overreaching and ordered the parties to maintain status quo.
But in a dissenting judgement, Justice Theresa Orji-Abadua, held that Sherrff was only appointed in acting capacity, pending election.
Orji-Abadua, who is the only female Justice in the panel, said going by Article 33(3) of the PDP constitution, Sherrff does not possess overriding powers over the PDP National Executive Council and therefore had no right to unilaterally cancel the May 21convention.
The judge further held that Sheriff erroneously and unwittingly absented himself from the May 21 national convention after being screened, which prompted the party to invoke Article 31(1) of its constitution and set up a caretaker committee.
Ruling that Article 47 did not make it mandatory for the PDP to pass a vote of confidence before removing its officers, she upheld the outcome of the convention and the caretaker committee.
Abadua, also went further to award N100,000 cost in favour of the PDP.
Speaking with newsmen shortly after the judgment, publicity secretary of the Makarfi-led caretaker committee, Prince Dayo Adeyeye described the judgment, as a disservice, not only to the PDP, but to the Nigerian democracy.
Adeyeye who expressed hope that they will get judgment at the Supreme Court accused the All Progressives Congress (APC) of working to distabilise the PDP, pointing out that they will remain the CTC until the Supreme Court decides otherwise.
On his part, National Vice Chairman of the Sheriff-led faction, Dr Cairo Ojugbo, described the judgment as no Victor no vanquished and called for a true reconciliation within the PDP in order to move the party forward.
However, counsel to Makarfi, Mr Oladijo Lamikanra (SAN) stated that, while the decision of the court in favour of the appellant but added that the Supreme Court can either agree or disagree with the lead judgment.
We’ll Decide On Monday – Makarfi
Meanwhile, the caretaker committee chairman of the People’s Democratic Party (PDP), Senator Ahmed Makarfi has described yesterday’s ruling of the Court of Appeal which gave judgement in favour of Senator Ali Modu Sheriff faction as a temporary set back.
Addressing newsmen at his Kaduna residence in reaction to the ruling, the PDP chairman reiterated that his party would overcome this set back politically and legally and would come out of it stronger and bigger.
He said further, “We have utmost respect for the judiciary. So, we are not going to take the laws into our hands. We might not agree with the judgement but there is a process and procedure if you do not agree with something.
To this end, he said, “as an individual, I cannot decide for the party until the party stakeholders meet and take a definite decision. The party will meet on Monday to take a decision of the Court of Appeal Judgement. Every person concerned had been notified. The governors, members of the National Assembly, members of the Board of trustees and Party officials.”
No Cause for Alarm, Says Ekweremadu
The Deputy President of the Senate, Senator Ike Ekweremadu, has enjoined the Peoples Democratic Party (PDP) faithful not to be anxious
over the ruling of the Court of Appeal, Port Harcourt, on the lingering party leadership tussle.
He stated this yesterday, while reacting to the Court judgment in a statement signed by Uche Anichukwu, his Special Adviser (Media).
He said: “There is no cause for alarm. The party leadership will meet as soon as possible to take a decision on the best way forward.
“I enjoin party faithful to remain steadfast as we will surely emerge stronger from the present challenges. Those dreaming about the death
of the opposition in Nigeria will have to sleep much longer, and still wake up to meet us much stronger because a vibrant opposition is the beauty of democracy”.