PDP crisis: Supreme Court to hear motion against Makarfi’s appeal May 4
Attempt by the national chairman of the Peoples Democratic Party (PDP), Senator Ali Modu Sheriff, to abruptly terminate the appeal at the Supreme Court filed by Senator Ahmed Makarfi faction of the party challenging the decision of the Court of Appeal, Port Harcourt Division, suffered setback as Makarfi’s counter affidavit compelled Sheriff to ask for adjournment for the hearing of application seeking to terminate the suit.
Instead of moving the application for withdrawal of the appeal, on Thursday, Chief Lateef Fagbemi (SAN), and Chief Akin Olujimi (SAN), counsel for Sheriff and Prof. Wale Oladipo respectively, asked for time to enable them respond to counter affidavit filed by Mr. Kanu Agabi (SAN), counsel for Senator Ahmed Makarfi’s faction.
The presiding Justice, Justice Tanko Mohammed consequently adjourned the hearing of the application for withdrawal of the notice of appeal to May 4, 2017.
When the matter came up for hearing on Thursday, the drama trailing the chairmanship of the PDP played out as Kanu Agabi (SAN) announced his appearance for the appellants but Lateef Fagbemi (SAN), who also announced appearance for respondent /applicant told the court he has the authority of the PDP through a letter signed by Sheriff and Oladipo to terminate the appeal.
After identifying the processes filed in respect of the appeal, Fagbemi urged the court to take the application seeking to terminate the appeal first. He said that it would amount to wasting the time of the court to take any other motion particularly the appellant’s motion seeking for abridgment of time for respondents to file their responses.
Both Fagbemi and Olujimi later agreed with the panel that there was an appeal before the court. They also agreed that until the court rules otherwise, it was not proper for them to insist that there is no appeal before the court.
In moving his motion for abridgment of time, Agabi (SAN), said that the application was supported by a 12-paragraph affidavit and he urged the court to depart from the rule and abridge the time for the respondents to respond to the appeal.
Fagbemi and Olujimi did not file any process challenging Agabi’s motion but relied on their applications seeking to terminate the appeal.
Counsel representing the Independent National Electoral Commission (INEC), Nelson Anih, did not oppose the motion.
In a unanimous ruling, the five-man panel of justices granted the motion for abridgment of time. Consequently, the court ordered Sheriff and Oladipo to file their responses within 24 hours and 48 hours respectively.
The appeal, with number SC. 133/ 2017, was filed on February 27, 2017, in the name of the PDP by the Makarfi – led caretaker committee to challenge the February 17, 2017 judgment of the Port Harcourt Division of the Court of Appeal which affirmed the Sheriff – led executive as the authentic leadership of the party.
In their motion to discontinue the appeal before the Supreme Court, Sheriff and his National Secretary, Prof. Wale Oladipo, argued among others, that no ground of law supported the appeal.
The motion was filed at the Supreme Court on March 16, 2017.
Filed through their lead counsel, Chief Akinlolu Olujinmi (SAN), the motion stated that more importantly, by virtue of the Court of Appeal’s judgment, Makarfi and other members of his faction were not the alter ego of the party and such were incompetent to institute any legal process in the name of the party.
It stated that none of Makarfi, Senator Ben Dayo Obi and Adeyeye could continue to act in any capacity as the representatives of the party