Sheriff’s lawyer files notice of appeal
The counsel to Senator Ali-Modu Sheriif, Prince Ajibola Oluyede, last night said he has filed a notice of appeal to the judgment of the Federal High Court, Port Harcourt, which validated the national convention of the Peoples Democratic Party (PDP).
Oluyede, in a statement, said the judgment, which okayed the process which led to the emergence of the Ahmed Makarfi committee, has worsened efforts to resolve the PDP crisis.
The statement reads: “The judgement of the Federal High Court PH Division further exacerbates the conflicting position between that Division on the one hand and the Lagos and Abuja Divisions on the other.The Lagos Division by the hand of two different judges, Buba J. and Idris J. made preservative orders respectively on the 14th and 20th of May in respect of matters that challenged the notice of convention issued for election of replacement for incumbents of the NEC and NWC of the PDP whose tenure had not expired.“The PH Division made orders ex parte on the 23rd of May validating a meeting held in PH by some PDP members as a valid National Convention held pursuant to that Notice, challenged in Lagos and validating a ‘caretaker Committee’ installed at the meeting to replace the officers of the PDP NEC and NWC who were fighting for the continuation of their tenure at the Lagos Division.
“That ex parte order lapsed on the 9th of June.
“The Abuja Division on the 30th of June made interlocutory orders directing that only the Ali Modu Sheriff-led NEC/NWC could represent the PDP or conduct its affairs including primaries (This confirmed the previous orders of the Lagos Division. This is a specific order concerning PDP primaries for Edo and Ondo states.
“Today the PH Division has restored its lapsed orders in a judgment again validating the PH meeting as a ‘National Convention’ of the PDP, legitimising the ‘Caretaker Committee’ and the removal and replacement of the NEC and NWC of the PDP in what my clients describe as a coup detat.
“Clearly, there is need for more to be done to determine which of the conflicting orders should be obeyed.
“My clients have therefore instructed that the PH judgment be appealed and INEC and PDP restrained from obeying it until the appeal is heard. The processes have been filed.”
Justice Liman Makhmud of the Federal High Court, Port Harcourt yesterday validated the National Convention of the Peoples’ Democratic Party (PDP) held in Port Harcourt, the Rivers state capital on May 21. It was legally convened, the court said.
Justice Makmud said the National Caretaker Committee (CTC) members produced at the convention was legal as well as all the decisions taken at the convention.
He said the dissolution of the former Acting National chairman of the Party, Senator Ali Modu Sheriff, members of his Executive, as well as members of the National Working Committee (NWC), of the party at the convention was legal.
The court held that the May 21 convention was properly constituted and chaired in accordance with the provision of the constitution. It granted all the relief sought in the originating summons by the National CTC Chairman, Senator Ahmed Markafi and Secretary, Senator Ben Obi.
Sheriff pledged to abide by the decision of the court. He spoke in the court through his lawyer, John Martins Abu.
Justice Makmud said: “The convention as earlier on examined and determined was directed and targeted at election, the evidence before the court, clearly showed that the items on the agenda which is related to the election of the national officers was removed in reference to those court orders.
“In the light of the above analysis… I consequently grant all the relief sought and I so grant.”
The Judge said: “It very obvious that under article 35 (3) (b), of the party’s constitution, the Deputy Chairman can effectively preside over the convention in the absence of the chairman. The circumstances where the chairman could be absent legitimately include, among others, temporary indisposition or incapacity or wilful absence.
“In view of the above analysis, I find as a fact that the convention was properly convened and the national Deputy Chairman had validly presided over the convention.” He stated.
On the issue of whether the convention could dissolve the National Executive Committee (NEC) and the National Working Committee (NWC), and appoint National Caretaker Committee, Justice Makhmud said the answer is dependent on the interpretation of articles 33 (2), 3, 4, 5 and 8.
“Applying the events that took place and the resolutions adopted at the national convention of May 21, 2016 in Port Harcourt, it is obvious that the dissolution of both the National Executive Committee and the National Working Committee was within the powers of the national convention and their article 5 (6), and the appointment of Caretaker Committee was also within the ambit of Article 5(e).
“In effect, it would be justified thought that the decisions taken at the convention to dissolve the two national organs of the party, NEC and NWC, was in line with the national convention. It is also important to point out that nothing in those decisions has violated any known laws or any decree of the court.
“The dissolution of the organs cannot be equated with conducting election as was enjoined by the suit in suit FHC/ AN/CS/613/2016 and suit number FHC/ AN/CS/63/37/2016.
“The convention as earlier on examined and determined was directed and targeted at election; the evidence before the court, clearly showed that the items on the agenda which is related to the election of the national officers was removed in reference to those court orders.
“In the light of the above analysis, as I come through the decision for conclusion resolving all the questions for determination set out in the originating summons, in the affirmative and consequently grant all the relief sought and I so grant.”
Markafi and Obi (Senators) were asking the court to validate the Port Harcourt convention and uphold all the decisions reached at the convention, including the legalisation of the National CTC members produced in the conference, and also to stop Senator Sheriff and Co. from further parading themselves as the National Chairman and Secretary of the Party.
The court granted al their prayers.
Speaking after the ruling, the plaintiffs’ counsel, Oladeji Olaminkoran said the judgement put to rest all the controversies surrounding PDP’s national convention held in Port Harcourt and the laying of claim to the national chairman and secretary Sheriff and the former national secretary.
He said: the ruling has confirmed that the national convention of the PDP held in this state on May 21, was legal and all its decisions are also legal.”
On the Federal High court order mandating Modu-Sheriff’s Executive to produce governorship candidates for Edo state denied knowledge of such order but said, “I am not aware of any such positive order, what I know is that the Federal High Court on Thursday made a decision, resolving the question of who should lawfully represent PDP as counsel in the matter before.
“Now as to the question of who has the power to produce or conduct primaries for the elections is part of the relieves granted in this judgement, that the National Care Taker Committee(CTC), led by Senator Ahmed Makarfi is the only body that has the full valid powers to conduct Primaries and submit same to INEC.
“Also there are orders binding INEC to respect and accept such nominations only from the National CTC appointed by the National convention of the PDP.
“The Judgement specifically determined that Senator Ali Modu Sheriff has been validly removed as the Acting National chairman of the PDP and also that the National working committee and the National executive committee were validly dissolved by the convention of the Party which took place in Port Harcourt.
“The decisions and resolutions of the party in that convention have by this judgement been validated.” He concluded
Recall that PDP held parallel National convention in Port Harcourt and Abuja May 21. While the Acting National Chairman, Ali Modu-Sheriff convened that of Port Harcourt, the Party’s Elders organised the Abuja meeting. They were to elect their new executives in the convention.
The conventions however ended in deadlock. Instead of electing new leaders, the convention produced Care Taker Committee (CTC), members chaired by Senator Ahmad Markafi, to the chagrin of Senator Modu-Sheriff who vowed never to relinquish his office in that manner. He maintained that he remains the Acting chairman of the Party.
The newly appointed CTC chairman, approached the Court May 23 to seek an order of interim injunction to stop Sheriff from parading himself as the National chairman of PDP. They are also asking the court to validate the Port Harcourt convention which produced the CTC members.
Sheriff had shortly after the abandoning the Port Harcourt convention headed for the court in Abuja to challenge the legality of the Port Harcourt convention which produced Markafi, hinging on a purported order by the Abuja conveners to stop that of Port Harcourt.
At the last sitting, June 16, Parties made presentations on their positions. Four motions were filed by the both parties. While the plaintiffs, Senators Markafi and Ben Obi filed the originating summons on behalf of the PDP, Senator Modu-Sheriff and three others who are ate respondents filed three applications. They are, Memorandum of condition appearance, dated and filed on May 26, Motion to discharge the interim order of court, dated May 25 and filed May 26 and notice of pre-notice preliminary objection dated and filed May 26.
Three of the motions were heard. But that bordering on the Experte order of interim injunction on Sheriff and co. as not heard, the court agreed that the timeline of 14 days for interim injunction has ended and should therefore not be over flogged.
However arguing on the originating summons, which bordered on the validity of the Port Harcourt convention and the agreements reached there, counsel for the Plaintiffs, Oladejo Olaminkoran, a Senior Advocate of Nigeria(SAN), urged the court to declare the convention legal, as against the declaration of the defence party.
In his argument, Olaminkoran claimed that the convention was legally convened and by the right persons empowered by the Party constitution to do so and therefore should be upheld.
“One of the reasons we have come to court is that only the court of law can declare a particular action as legal or illegal, but the position of the PDP is that the convention was lawful, legal, backed by the PDP convention and was convened by the body that is constitutionally empowered to call such convention, the National Executive Committee of the party which included at that time Sheriff and who was the Acting National chairman and the National Party Secretary, who are the main respondent in this suit.”
But the defendants represented in the court maintained that the court order by the conveners of the Abuja version of the conference invalidated the Port Harcourt, meeting and therefore should be dissolved and the decisions made in the convention declared null and void.
The former Party Acting Chairman urged the court to remove the name of PDP from the suit and dismiss the action for lack of merits. The matter was adjourned till yesterday for judgement.
The court yesterday ruled in favour of the Markafi-led CTC by declaring that Port Harcourt conference legitimate.
