BREAKING: More confusion in PDP, as Court removes Markafi, confirms Sheriff

The assertion made by President Buhari may be right after all, when he said that the judiciary is the major problem of Nigeria because they have been traded off. Accordingly, the judgement delivered today gave more light to President Buhari’s assertion on the basis that the judiciary has been keeping Nigerians and individuals from the opposition party oblivious with an excessive number of clashing judgments regarding the administration tussle confronting the PDP.

The leadership fracas shaking the Peoples Democratic Party, PDP, extended on Thursday, as the Federal High Court in Abuja, has told the Senator Ahmed Makarfi-led Caretaker Committee of the party to vacate its position.

The court, in a decision by Justice Okon Abang, said that each move the Committee has made since it took over  the party’s affairs through a convention which the party purportedly held in Port Harcourt on May 21, added up to nullity.

“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 Markafi-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 Markafi-led Committee, including the purported mandate for legal representation in this matter is hereby declared illegal. 

“If the Markafi-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“. 

According to Justice Abang he would have voided the judgment of the Port Harcourt Division for being a nullity, accepting there was an application to that impact.

He further cautioned politicians not to bring about alienation among judges of the High Court, saying "the culture of impunity must stop in this country".

As indicated by the court, “Ali Modu Sheriff is the National Chairman of the PDP. Any decision not taken by the Sheriff-led Committee is not binding on the PDP”. 

The decision went ahead a day two Senior Advocates of Nigeria, SANs, conflicted in court over the suit looking to stop the National Convention of the PDP charged to hold in Port Harcourt on August 17.

The SANs traded warmed words over who was properly advised to speak for PDP in the suit which the Ali Modu Sheriff-led group of the party held up under the steady gaze of the Federal High Court in Abuja.

Though one of the senior legal advisors, Mr. Ferdinand Obi, SAN, told the court that he was informed by the Caretaker Committee of the gathering which is led by Senator Ahmed Makarfi, his associate, Mr. Olagoke Fakunle, SAN, kept up that he has the order of the "real PDP leadership" to show up in the matter.

The submission made by Fakunle maddened Obi who drew consideration of the court to the way that its Port Harcourt Division had on July 4, sacked Sheriff from office as PDP executive.

Obi contended that it was morally wrong for the offended parties, led by Sheriff, to contract Fakunle to speak for the PDP which they likewise sued as the second respondent under the watchful eye of the court.

“I say with the greatest respect that what is happening before this court today is unfortunate. It is on record that processes for the PDP in this matter was signed by one Bashir Maidugu who was the erstwhile Deputy National Legal Adviser of the party and the 5th plaintiff in this action. 

“It is scandalous for a plaintiff to sue a defendant and arrange representation for him. In law, a man cannot be both plaintiff and defendant in the same matter”, he contended. 

Obi offered in confirmation, the judgment of Justice A. M. Liman of the high court in Port Harcourt in suit No. FHC/PH/CS/524/2016, which he said settled issue of who ought to get legitimate procedures or draw in a legal advisor in the interest of the PDP.

“If all the plaintiffs were actually in office as national officers of the PDP, there will be no basis for them filing this suit. If there is a dispute between them and the PDP, then they should allow the real PDP they are quarrelling with, to defend its action. 

“We are duly appointed by the PDP that was recognised in the judgement by Justice Liman, which is the Markafi-led group”, Obi submitted.

He further stated that he had on June 27, documented two separate applications for the PDP, requesting that the court exclude itself from taking care of Sheriff's suit on the premise that the matter was at that point chose by the court in Port Harcourt.

Be that as it may, Fakunle, SAN, encouraged the court to overlook Obi's entries, as well as request him to quickly pull back his appearance for the party.

“My lord, it is not in contention that PDP briefed us and we accordingly filed processes on its behalf in this matter.

 “My learned colleague here admitted that the 5th defendant who is the National Deputy Legal Adviser of the party did not brief him. 

“The judgement of the court in Port Harcourt said absolutely nothing about legal representation for the PDP. That decision is already subject of appeal. 

“Moreover, no judge of a coordinate jurisdiction has the power to set-aside or vary the order this court validly made on June 30 which recognised us. 

“I urge the court to hold that we are counsel for the PDP and that my learned brother should cease from appearing in this matter forthwith”. 

On his part, guidance to the offended parties, Chief Niyi Akintola, SAN, begged the court to firstly figure out who between the two senior legal advisors has a legitimate command to speak to the PDP.

Akintola prior implored the court to consider the earnestness of the matter and concede an order preventing the PDP from proceeding with its arranged national convention, pending the resolve of the substantive suit.

“What we are asking for is an injunction and our application is ripe for hearing. We urge my lord to because of the urgency nature of this case and the circumstances surrounding the matter, hear this application and grant our request. 

“I urge my lord to hear us out. This matter is very crucial. They want to hold a convention which we are seeking to stop”, Akintola pleaded. 

He also told the court that the Independent National Electoral Commission, INEC, which is the first respondent in the matter, was appropriately presented with the applicable court processes on Monday.

INEC attorney, Mr. Alhassan Umar, however told the court that the offended parties were yet to serve it with all the pertinent procedures.

In his decision, Justice Abang declined to identify Obi, SAN, as PDP’s counsel in the matter, pronouncing the two application he documented against knowing about the suit as uncouth.

In particular, Sheriff and eight others had drawn closer the court, asking it to prematurely end the proposed national convention of the gathering.

Different offended parties behind the suit are Prof. Rib Oladapo (National Secretary); Dennis Alonge-Niyi (Deputy National Youth Leader); Alhaji Bashir Maidugu (Deputy National Legal Adviser); Mrs. Hanatu Ulam (Deputy National Women Leader); Alhaji Lawal Dutsima Anchi (Deputy National Auditor); Chief Okey Nnadozie (Deputy National Organizing Secretary) and Chief Olisa Metuh (National Publicity Secretary).

The offended parties are fighting that permitting the Makarfi-led group to continue with the convention would influence the "Res" of the substantive suit they recorded on July 4, wherein they are demanding that their residency in office should lapse in 2018.

The offended parties said they documented the suit checked FHC/ABJ/CS/464/2016, for themselves and for the benefit of the Executive Committee/National Working Committee of the PDP.

Justice Okon Abang had before in the procedure, offered some questions which he said the Markafi-led group ought to reply to empower the court to decide the issue of legitimate representation for the party.

Following the historical backdrop of the case, Justice Abang noticed that the Lagos division of the high court had on May 12, made a request controlling PDP from directing any decision into workplaces of its National Chairman, Secretary and Auditor, possessed by first, second and third offended parties led by Sheriff.

He said the court additionally banned INEC from inspection or identifying competitors that rise up out of any such race.

“What we are asking for is an injunction and our application is ripe for hearing. We urge my lord to because of the urgency nature of this case and the circumstances surrounding the matter, hear this application and grant our request. 

“I urge my lord to hear us out. This matter is very crucial. They want to hold a convention which we are seeking to stop”, Akintola pleaded. 

Obi's request for a suspension to empower him react to the inquiries he said were "germane and weighty", was declined by the court.