PDP crisis worsens as court endorses Sheriff

THE crisis in the Peoples Democratic Party, PDP worsened yesterday after the Court of Appeal sitting in Port Harcourt sacked the Senator
Ahmed Makarfi led National Caretaker
Committee which enjoys the support of the
mainstream of the party and its organs.

The Appellate Court by a 2-1 majority affirmed
that the party offended its own constitution in
the way and manner it sacked the Senator Ali Modu Sheriff led executive and in the
disobedience of court orders against the holding
of the May 21 Port- Harcourt Convention. The
court asked that the party should return to the
status quo.


Yesterday’s decision followed the earlier
judgments by the Federal High Court, Port
Harcourt that endorsed the action of the Port- Harcourt convention in enthroning Senator
Makarfi and members of his National Caretaker
Committee.
The judgment given by Justice
Mohammed Liman also specifically barred
Senator Sheriff from parading himself as the
national chairman of the party.
Sheriff had upon that judgment appealed the
decision to the Court of Appeal which last
November after hearing the briefs from the
counsels to the two parties reserved judgment
which was given yesterday. The lead judgment
was supported by Justices Bitrus Sanga and
Abubakar Muhammed.
Justice Abadua Orji in her minority judgment,
however, differed saying that the National
Convention being the highest organ of the party
was sufficiently empow- ered to take the
decisions in the best interest of the party adding
that Sheriff having presented himself for
screening at the national constitution could not
turn around to abort the process.
Justice Sanga who read the lead judgment yesterday said:

“The way the executive of the party was
removed on May 21, it is clear that the
provisions of the party’s constitution were not
followed. The appellants were not put on notice.
The court will not close its eyes against
illegality. Because of the failure of the party to
follow its constitution, obey court orders the
caretaker committee constituted is therefore, a
nullity.

Parties are to maintain the status quo. By the
party’s constitution, a vote of no confidence can
be moved on any officer but two months notice
shall be provided to the secretariat which shall
be circulated,” an action the court said the party
failed to do.
He also flayed the conflicting judgments from
the trial courts of concurrent jurisdiction on the
same issues and questions, saying, “it is an
abuse of court process when courts of the same
jurisdiction are faced with the same issues and
questions.”

The judges then awarded N100,000 in favour of
the appellants. Justice Orji in her minority
judgment insisted that the national convention of
the party was the highest organ of the party and
that its decisions should be sacrosanct.

She said since Senator Sheriff turned himself for
screening for the convention of the party in Port
Harcourt he could not have turned round to
suddenly postpone the exercise, stressing that
he misconstrued his powers as acting National
Chairman of the party.
According to her, Senator Sheriff deliberately
absented himself from the May convention and
that his duties at that convention were suitably
carried out by the Deputy National Chairman of
the party. While upholding the outcome of the
May 21 national convention she awarded
N100,000 in favour of the respondents.
Justice Sanga later told the court that the
certified true copy of the judgment would be
ready before next Tuesday.

Among prominent
party chieftains who were in court to witness the
proceedings were Chief Raymond Dokpesi,
Prince Dayo Adeyeye, spokesman of the Makarfi
faction, Chief Emma Ogidi, National Vice
Chairman, South-South of Markarfi’s faction and
Dr. Cairo Ojugboh, deputy national chairman of
the Sheriff faction.

Reacting immediately after the judgment,
spokesman of the Makarfi led mainstream,
Prince Adeyeye said they would appeal the
judgment affirming that they would remain in
office unless countermanded by the orders of the
Supreme Court.

“We are appealing to the Supreme Court, so the
status quo remains. The status quo simply
means that two of us remain until Supreme
Court rules. When an Appeal Court sacked
Governor Nyesom Wike, he remained in office
until the Supreme Court ruled. So Markarfi is
still National Chairman of our party, “ he said.
On his part, Dr. Cairo Ojuogboh who spoke for
the Sheriff’s faction of the party said the
judgment simply nullified the existence of the
Markafi’s action and pronounced Sheriff as
national chairman of the party. According to
him, “ it was two to one. The statuesque is that
Sheriff remains Chairman of the party. It is two
against one.”, he said.