A Federal High Court in Abuja on Thursday granted the application filed by the Ali Modu Sheriff faction of the Peoples Democratic Party (PDP) to stop the convention scheduled to be organised on August 19 by the Ahmed Makarfi caretaker committee.
Justice Okon Abang in his ruling in a suit filed by factional Chairman of the party, Alhaji Ali Modu Sheriff declared all actions taken by caretaker committee since it was installed in Port Harcourt on May 21, 2016, as illegal, null and void.
The ruling means the proposed national convention of the party scheduled for August 19, 2016 cannot go ahead until the Court of Appeal makes a superior ruling.
“Parties have an uncompromising duty to obey court order until it is set aside. The Lagos Division made orders on May 12 and 20, forbidding the PDP from removing the Sheriff-led Caretaker Committee. That order is still subsisting.
“Having regard to the order of the court, PDP had no lawful authority to hold the convention that led to the emergence of the Makarfi-led Committee.
“The convention was unlawfully held and the Caretaker Committee was unlawfully and illegally appointed and could not take any legal decision for the PDP in view of the subsisting order of the Lagos Division of this court.
“Consequently, any action taken by the Makarfi-led Committee, including the purported mandate for legal representation in this matter is hereby declared illegal.
“If the Makarfi-led Caretaker Committee, as apostles of impunity, missed their way to the Port Harcourt division of this court, that court could not have conveniently assumed jurisdiction to set aside the earlier decision of the Lagos Division.
“I hold that the Port Harcourt division of this court cannot make an order to neutralise the potency of the Lagos Division of this court dated 12 and 20 May,” Justice Abang ruled.
Sheriff had filled the suit seeking to stop the national convention alongside Wale Oladapo, National Secretary; Dennis Alonge-Niyi, Deputy National Youth Leader; Bashir Maidugu, Deputy National Legal Adviser; Hanatu Ulam, Deputy National Women Leader; Lawal Dutsima Anchi, Deputy National Auditor; Okey Nnadozie, Deputy National Organising Secretary and Olisa Metuh, National Publicity Secretary.
When the case was called, Ferdinand Obi, counsel to the Ahmed Makarfi faction of party, challenged the Court that it did not have jurisdiction to hear the motion seeking to stop the convention from holding and sought to disqualify Okon Abang, the Judge.
Obi argued that a Federal High Court sitting in Port Harcourt recognises him as the counsel representing the PDP implying that that Maidugu could not be plaintiff and a second defendant in the same suit.
In opposition to Obi’s submission, counsel to the Ali Modu Sheriff faction referred the Court to a ruling of June 30 adding that the motion to disqualify the judge did not exist as they have only been served with the application to disqualify the court.
In his ruling, Justice Abang held that the caretaker committee was “illegal” based on the decision of the Ikeja division of the Federal High Court and thus cannot take decisions on behalf of the PDP.
Abang dismissed Ferdinand’s applications saying the counsel to Makarfi would not be recognised as a representative of the PDP.
