A Federal Capital Territory (FCT) High Court sitting in Kubwa, Abuja, has upheld an earlier judgment of another FCT High Court in Maitama, which sacked the Ali Modu Sheriff-led faction of the People’s Democratic Party (PDP).
Danladi Ayuba, a member of the PDP, had sought the court to know the subsistence of Justice Valentine Ashi’s judgment on June 29, 2016, which had earlier nullified the leadership of Sheriff as the national chairman of the PDP.
Justice Ashi had held that Sheriff’s emergence, as the national chairman was unlawful as it was based on amended provision of the PDP Constitution, which is said to be illegally introduced in December 2014.
Though the court did not specifically mention Sheriff’s name, it made an order restraining all persons who became national officers of the party by virtue of the amended Article 47, Rule 6 of the party’s constitution, from further parading themselves in the said capacities.
The judge had faulted the amended PDP Constitution in 2014, which zoned the national chairmanship of the party to the North East, leading to the emergence of Sheriff as the party’s chairman, after the resignation of former Bauchi State governor, Adamu Muazu.
Pursuant to this, the plaintiff in the new suit before Justice Nwamaka Ogbonnaya had submitted that even though the issues had to do with members of a political party, he could seek redress in court because it touches on fundamental issue of rights.
Uchenna Oparaugo, who represented Ayuba, said they were not seeking an extension of Justice Ashi’s ruling, but a redress, just as “the plaintiff is at stake because as a member of the PDP he has the right to vie for any position or cadre of the party.
“The existing judgment that has not been appealed, the continuous conduct of the defendant (Sheriff) is hampering his interest,” he said, urging the court to deliver judgment in favour of the plaintiff.
OIuyede Ajibade, counsel to Sheriff, while moving his preliminary objection, said the originating summons were not served on them as required by law, lamenting that they were refused access to the details of the processes in the court file which would have enabled them to know what was going on and respond adequately and that the plaintiff lacked the locus standi.
“He doesn’t have locus standi to bring the matter to this court. He is not PDP or Makarfi. Who is he? He is seeking an interpretation of a judgment and he is not a direct beneficiary. He has to establish a liability,” Ajibade argued.
According to him, it was an internal political matter that ought not to be brought to court.
Having listened to the various submissions, Justice Ogbonnaya held that judgment by Justice Ashi sacking Sheriff as PDP chairman was valid: “Hereby is an order restraining the defendant from parading himself, convening any convention or conference on behalf of the party except the judgment is set aside.”
Meanwhile, Sheriff has described the one-year tenure extension of the Ahmed Makarfi-led National Caretaker Committee as illegal, null and void.
Sheriff, who described Wednesday’s National Executive Committee (NEC) meeting in Port Harcourt, as unconstitutional, argued that it contravened Section 31 (4) of the PDP Constitution (as amended). Venue of the party’s national convention in Port Harcourt was sealed off by the police, following an order by a Federal High Court in Abuja, even as party leaders immediately put up a NEC meeting to extend Makarfi’s tenure.
According to a statement by Inuwa Bwala, media aide to the former chairman, Section 31 (4) of the constitution provides that only the national chairman can convene a NEC, after giving two weeks notice to INEC.
He stressed that the Rule of Law must prevail at all times, adding that whatever decisions arrived at the NEC meeting is not legally binding.
Section 31 (4) of the party’s constitution reads: “The National Executive Committee shall meet at least once in every quarter at the instance of the National Party Chairman or at the request of two-third of its membership, who shall notify the Chairman at least seven days prior to the meeting; and an emergency meeting be summoned by the National Chairman having regard to all the circumstances of the agenda”.
But the former chairman explained, “Even in an emergency situation, one week notice must be given to the national chairman, who has the sole responsibility to convene the NEC”.
“It is sad that in the face of obvious disregard to court orders, which halted the convention, some individuals are bent on perpetrating impunity by taking steps to install another contraption on the PDP.”
