Jonathan, Makarfi, PDP top shots celebrate as S’Court sacks Sheriff as party chair

*Declares Makarif’s PDP Caretakers Committee duly constituted
*With this victory, PDP will retake power in 2019, says Makarfi
*Supreme Court’s judgment, a constitutional victory, says Jonathan

It was victory dance for members of the National Caretaker Committee (NCC) of the Peoples Democratic Party (PDP), led former Kaduna State governor, Senator Ahmed Makarfi , as the Supreme Court on Wednesday held that it was the lawful executive of the party, having been duly constituted by the National Convention of the party held in Port Harcourt on May 21, 2016.

The apex court in a unanimous decision y over ruled the decision of the Court of Appeal, Port Harcourt Division which on February 17, 2017 declared Senator Ali Modu Sheriff the authentic National Chairman of the PDP.

Delivering the lead judgment on the appeal filed by Makarfi and Ben Obi who are Chairman and Secretary respectively of the National Caretakers Committee, Justice Bode Rhodes-Vivour held that “the Court of Appeal was wrong only to have examined section 47 of the (PDP) constitution to arrive at its decision. It has to examine all other Articles of the party constitution,” he stated.

Justice Rhodes -Vivour further held that the PDP Constitution provides that the National Convention of the party is the highest decision making organ of the party.

Justice Rhodes -Vivour who traced the genesis of the PDP crisis stated that it started after the PDP lost the 2015 general election and its National Chairman Adamu Mu’azu resigned .

The party leaders appointed Senator Modu Sheriff to complete Mu’azu’ s tenure . He stated that at the expiration of Sheriff’s tenure, he, Sheriff convened the Port Harcourt’s PDP national convention and indicated interest in the chairmanship position.

He submitted half filled form without attaching his membership card, three years tax clearance certificate as required by the party guidelines.

According to the report of the party screening committee, Sheriff was disqualified to contest the chairmanship position because he did not fulfill the requirements

He said that when Sheriff got the hint of his disqualification, he sought to cancel the convention, but he could not succeed because the Deputy National Chairman presided over the convention as permitted by PDP constitution.
Justice Rhodes-Vivour said he was satisfied that the PDP National Convention met all the requirements prescribed in the party constitution, “the appeal has merit and is allowed.”

He awarded a cost of N250,000 against the first and second respondents.

The court agreed with the appellant that the National Convention is the Supreme organ which controls every other organs of the party, adding that the National Convention was in order to have set up a caretaker committee having dissolved the National Executive Committee.

The court further held that the dissolution of the National Executive Committee by the convention was in order since the national deputy chairman presided, adding that the convention acted within the constitution of the party.

The Supreme Court expressed worry that Sheriff submitted himself to the National Convention by seeking election to the office of the national chairman with half filled nomination form, but was screened out.

The Court noted that immediately Sheriff was screened out by the electoral committee he sought to cancel the election and when his attempt failed he resorted to court actions as part of a desperate attempt to perpetuate himself in office.

The apex court noted that in the process, Sheriff filed 10 suits in different courts within one year and abandoned some. “They shall forever gather dust in judicial achieve” Justice Rhodes-Vivour said.
The Learned Justice also admonished politicians to stop engaging in forum shopping. He enjoined heads of courts to always assign cases of the same nature and content to one judge so as to avoid getting conflicting judgements. He also enjoined judges to be alert and watch whether cases assigned to them is ongoing in another court and if it has been assigned decline it.

Meanwhile, there was wild jubilation at the Supreme Court premises by PDP faithful of the Makarfi faction who were present in court.

Among the PDP faithful in court were governors Nyesome Wike of Rivers and Ayo Fayose of Ekiti as well as former governor of Kano State Ibrahim Shekarau.

Other PDP bigwigs include Ahmed Markafi, Senator Ben Obi, Bode George, Dayo Adeyeye, Jerry Gana, former Deputy Speaker, House of Representatives, Emeka Ihedioha.

Senator Modu Sheriff was absent during the judgment, but his deputy, Dr. Cairo Ojougbo was present.
Other members of the panel of justices including Walter Onneghen, Ibrahim Tanko, Clara Ogunbiyi, Dantiji Muhammad and Justice Olukayode Ariwoola agreed with the judgement.

Reacting to the ruling, Senator Makarfi said that the Supreme Court judgement was victory not just for PDP, but for the nation’s democracy.

This is even as he confidently said that the PDP will capture power at the centre in the forthcoming 2019 elections.

He spoke at a press conference he addressed at the national secretariat of the PDP, popularly called Wadata House, shortly after the judgement of the apex court.

Makarfi, who addressed journalists along with other members of the National Caretaker Committee of the PDP, said,
‎”This affirms the powers of political parties; this affirms the powers of convention of all political parties.
“The battle we fought was not a battle for PDP alone. It was a battle for democracy, it was a battle for supremacy of party men and women to decide their destiny. And it is a battle to do away with dictatorship in political parties, and this will never repeat itself,” he said.

He however said there was‎ no Victor, no vanquished, and said the party would embark on reconciliation.

Also reacting, immediate past President of the country, Dr. Goodluck Jonathan has advised Makarfi, not to see the judgement of the Supreme Court, which affirmed him as the recognised National Chairman of the party, as a victory of a section of the party

Rather, Jonathan urged him and members of the NCC to see the victory as a moral victory of constitutionality over arbitrariness.

The former President, in a post on his twitter handle after the judgement, expressed his belief in the nation’s judiciary, saying, “I believe in our jurists. We may have issues with some individuals, but the Nigerian judiciary deserves respect and commendation.”

According to the former President, “As I congratulate the Ahmed Makarfi led Caretaker Committee, I strongly urge them not to see this as a victory of a section of the party.

“I believe in our jurists. We may have issues with some individuals, but the Nigerian judiciary deserves respect and commendation.”

The Rivers State governor, Nyesom Ezenwo Wike, in his reaction declared that the judgement on the PDP crisis was a victory for democracy as the nation would now have a viable opposition.

Speaking after the Supreme Court judgement in Abuja on Wednesday, Governor Wike said: “This judgment shows that there will be opposition in Nigeria. I am very happy. Rivers people are very happy because we have no other party aside the PDP.”

The governor said that the PDP would emerge from the crisis stronger because all stakeholders would work hard to rebuild the party.

Governor Wike urged Senator Ali Modu Sheriff and his supporters to keep their word and work with other stakeholders in the interest of the party.

The PDP Senators caucus also yesterday described the Supreme Court judgement on the leadership tussle of the party as a no Victor no vanquished situation.

The senators at a press briefing on Wednesday, said that the ruling marked a big day in the history of Nigeria’s democracy and a victory for all Nigerians and democracy.

Leader of the caucus and Senate Minority Leader, Senator Godswill Akpabio, who described the judgement as monumental also said it was a victory for all PDP members regardless of what faction they belonged, adding that it has strengthened a vibrant alternative to the ruling All Progressive Congress (APC).

Akpabio said that the struggle for the leadership of the party was a family affair which has been resolved.

Noting that the structure is now set to “change the change,” Akpabio called on all those who defected from PDP on account of the protracted crisis to return.

“We are not going to penalise anyone for going on exile, we need all hands on deck for the party to move forward,” Akpabio stated.

Former Senate President, Senator David Mark, who also observed that the development should not be considered as a victory for PDP but for all Nigerians, said they have learnt from what has happened.

He however advised that such must not be allowed to happen again. “The Change the change is now truly on course.”
Mark also commended the media for their unbiased reports and contributions while the crisis lasted. Mark however reiterated the need for all hands to be on deck to provide a credible opposition to the ruling party.

Also reacting, Deputy President of the Senate, Senator Ike Ekweremadu, said that the judgement of the Supreme Court on the PDP leadership crisis, ushers in a new dawn of peace, reconciliation, and recovery for the party.

Ekweremadu said it was a no victor and no vanquished situation for individual party members, but rather a collective victory for the entire party faithful and the nation’s democracy.

His words, “I am happy that the Supreme Court has brought this protracted leadership tussle to an end today.
“There is no victor and there is no vanquished, but a collective victory for our party and the nation’s democracy. No democracy can prosper in the absence of a virile opposition or under the extreme hardship Nigerians have faced over the past two years. Citizens deserve a viable alternative,” he said.

In a congratulatory message to party members, former National Publicity Secretary of the PDP, Chief Olisa Metuh described the Supreme Court’s ruling, as a victory for democracy and for the Nigerian people.

The verdict of the apex court, Metuh said, is a ‘no victor, no vanquished’ situation.

According to him, the fact that PDP still stood through “this most difficult and challenging times with the preponderance of its members and structures across the country still intact speaks volumes of the strong ideology that binds us together as a family”.

Metuh said the time therefore has come for members of the party “to rekindle the light; to put the past behind us and reach out to our brothers and sisters; those who left before the general elections, those that left during the period of the challenges, and even those who are on the other side of the divide.”

The forum of former Ministers under the PDP described the judgment of the Supreme Court, as one of the most celebrated cases of our time, stressing that it was in tandem with the wishes of party members.

Speaking yesterday in Abuja after their meeting in Abuja, then chairman of the forum and former Minister for Special Duties, Tanimu Kabir Turaki, thanked the Supreme Court over the judgment saying it has established itself as being able to rise to any challenge in critical times.

According to him, “The judgment is hope for democracy. The opposition will continue to survive. Without opposition government won’t be able to sit up and do the work that is expected of them.”

Also yesterday, the Conference of Nigeria Political Parties (CNPP) hailed the Supreme Court for conclusively bringing to an end the leadership crisis that had almost brought a major opposition party, the PDP to its knees.

The umbrella body of all registered political parties and political associations in the country in a statement by its Secretary General, Chief Willy Ezugwu congratulated the party for adhering to the principle of rule of law in resolving the crisis.

“We congratulate the PDP for the conclusion of its legal battle occasioned by the polarization of the party. As an opposition political party and member of our association, the verdict of the Supreme Court has again strengthened democracy in the country.

“The victory for the PDP is a victory for democracy and all members of the CNPP, which is the umbrella association of all political parties and groups in the Nigeria,” the group said.

Also the House of Representatives PDP caucus has hailed the verdict of the Supreme Court, describing it as a ray of hope to re-launch itself to national recognition ahead of the 2019 general elections.

Members of the caucus in separate interviews on Wednesday in Abuja, in hailing the decision that sent the Senator Ali Modu Sheriff led factional national leadership packing said that the decision will create room for national reconciliation within the party.

Those who spoke including, Minority Leader, Rep. Leo Ogor, Deputy Minority Leader, Rep. Wilfred Onyeama and Rep. Danladi Baido, commended the Supreme Court, assuring that the ruling will now give room to a virile opposition in the country.

It will be recalled that in February, a Court of Appeal sitting in Port Harcourt, Rivers State affirmed Sen. Ali-Modu Sheriff as the authentic chairman of the PDP.

The appellate court also nullified the party’s National Convention held in the Rivers State capital in 2016 and the National Caretaker Committee of the party constituted at the convention.

Two out of the three-member Appeal Court, Justice B.G. Sanga and Justice A. Gumel, in the judgment, said the Port Harcourt convention was an abuse of court process.

However, the Makarfi-led faction of the party had vowed to approach the Apex Court.

The National Publicity Secretary of the Committee, Prince Dayo Adeyeye, said then that the judgment was a “big disappointment, travesty and miscarriage of justice.”

“The Minority judgment is very sound in law, logic and fact. It gives us hope that we will have our day at the Supreme Court.

“Whereas the lead judgment left out the main issues and laboured unconvincingly to work to a preconceived answer, the minority judgment thrashed all the issues and upheld the judgment of the High Court in Port Harcourt, delivered by Liman on July 4, 2016. `

“We will certainly appeal to the Supreme Court. No reconciliatory effort will stop it. We need the Supreme Court to make a pronouncement on the issue, once and for all,’’ he said.