The Supreme Court on Thursday slated May 25, 2017, to hear all the applications in respect of the protracted leadership crisis rocking the Peoples Democratic Party (PDP).
The Senator Ahmed Markafi led faction of the party was at the Supreme Court to challenge the validity of the judgment of the Port-Harcourt Division of the Court of Appeal which affirmed Senator Ali Modu-Sherrif as the authentic National Chairman of the PDP.
At Thursday’s proceeding presided by Justice Musa Mohammed Dattijo, the PDP (appellant) as well as the 1st respondent (Ali Modu-Sheriff) and Adewale Oladipo (2nd respondent) secured leave of the five-member panel of Justices of the Supreme Court to regularise their processes.
Wole Olanipekun (SAN), represented the appellant, while Akin Olujimi (SAN) appeared for 1st and 2nd respondents, Sheriff and Oladipo respectively and Nelson Ani announced appearance for the 3rd respondent (INEC) just as Mohammed Ndayako represented the 4th respondent.
The apex court will, on the same day (May 25) to hear a motion dated March 21, 2017 filed by Lateef Fagbemi, challenging the competence of the appeal filed by the appellant.
Fagbemi had told the court that he filed the motion on behalf of the PDP (Sheriff led National Executives), insisting that Sheriff is the authentic National Chairman of the PDP, going by the judgement of the Court of Appeal, Port-Harcourt.
Fagbemi added that, “it was wrong for an appeal to be filed at the Supreme Court without consulting the Chairman of the party. The person I am representing is not interested in the appeal, and I am here based on the judgement of the Court of Appeal which recognized Ali Modu-Sheriff as National Chairman of the PDP”.
He pointed out that the judgement has not been set aside and no order for stay of execution has been obtained.
However, the panel, as a way of justifying whether or not Fagbemi should be entertained in the matter asked, what entitled him to be heard in the appeal and whether the decision of the Court of Appeal wassecured exparte?.
In his response, Fagbemi said he appeared in the matter because Sheriff, who is the validly known national leader of the PDP has asked him to discontinue the appeal and however admitted that the judgement obtained at the appellate court was not via an exparte order.
On his part, and in support of Fagbemi’s submission, Olujimi said, “It is important to decide on the competence of the appellant/applicant because PDP was respondent at the Court of Appeal.
Meanwhile, describing Fagbemi’s motion as, “a storm in a tea cup” Justice Dattijo granted him seven days to file and serve his written address in support of his motion on parties, while five days were given to Olanipekun to reply.
In addition, the panel gave 14 days to the 1st and 2nd respondents to file and serve their counter affidavit on the appellant.