Supreme Court adjourns Makarfi, Sheriff, PDP leadership crisis indefinitely

The Supreme Court of Nigeria on Monday reserved judgment in the appeal brought before it by the Senator Ahmed Mohammed Makarfi Caretaker committee of the Peoples Democratic Party (PDP) challenging the decision of the Court of Appeal, Port-Harcourt division which declared Senator Ali Modu-Sherif led executive as the authentic National leadership of the party.

During yesterday’s proceeding, the five-member panel of Justices of the apex court, presided over by the Chief Justice of Nigeria (CJN), Justice Walter Onnoghen said the date for the judgment will be communicated to parties in the matter.

The court reserved the date for the judgment, having dealt with all pending applications and dismissed the preliminary objections to the appeal by all the respondents in the matter, which include Senator Ali Modu-Sheriff.

In a short ruling, the CJN, said Makarfi’s application was valid since it complied with the rules of the Supreme Court, adding that an application for leave to appeal is seen in the face of the law as an appeal.

He said an application challenging a decision of a lower court ought to have come within three months after the ruling of the lower court, which he held was complied with by the appellants.

In the substantive appeal, the PDP’s National Executive Committee (NEC) led by Ali Modu Sheriff (as Chairman), Prof. Wale Oladipo (as Secretary) had,argued in their separate applications that the Makarfi led Caretaker Committee, having been declared illegal by the February 17, 2017 judgment of the Court of Appeal, Port Harcourt Division, lacked the powers to take decisions for the party, including initiating court proceedings in its name.

The PDP leadership, headed by Sheriff had, in its application filed on March 21, 2017, seeking the striking out of the appeal filed on February 27, 2017 by the Markafi Committee against the February 17, Appeal Court’s judgment, is contending that the Makarfi Committee did not obtain the necessary authorisation of the PDP to appeal in its name and on its behalf, because the PDP, under the current leadership, was comfortable with the Appeal Court judgment and did not intent to challenge it.

Prince Lateef Fagbemi (SAN), representing the PDP said since the Court of Appeal judgment had declared Sheriff-led NEC as the authentic leadership of the PDP, the Makarfi-led Committee could no longer pursue an appeal in the name of the party.

The Sheriff-led PDP leadership argued that the decision of the Makarfi committee to file an appeal in the name of the PDP without its (the party’s) authorisation was not only illegal, it violated the party’s constitution.

Relying on the provisions of Chapter 5, Articles 35(1), 36(1) and 42(1) of the PDP constitution, it argued that the party, with a corporate personality, could only act through the principal national officer, whose powers and functions are stated in the constitution.

Fagbemi argued that by the judgment of the Federal High Court in suit No: FHC/ABJ/CS/464/2016, it is only the Sheriff NEC that could instruct lawyers for the party, and urged the Supreme Court to dismiss the appeal.

It is the contention of the Sheriff/PDP lawyers that the appeal should either be dismissed or struck out because the supposed appellants (Makarfi’s PDP) did not ‎obtain neither the leave of the Court of Appeal nor that of the Supreme Court before filing the appeal which is based on mixed law and facts.

In a counter argument, the Makarfi Committee, represented by Wole Olanipekun (SAN), wants the court to discountenance the Sheriff NEC’s arguments and proceed to hear its appeal, in which it among others, urged the Supreme Court to set aside the Appeal Court judgment of February 17.

In its reply argument dated May 15, 2017, the Makarfi Committee queried the legitimacy of the application filed by the Sheriff-led NEC and argued that it was not only strange, but intended to frustrate the hearing of the main appeal.

Having listened to the submissions of parties in the matter, Justice Onnoghen adjourned indefinitely for judgment.