Supreme Court to hear PDP leadership tussle May 25

The Supreme Court has fixed May 25, 2017 for hearing of all applications filed by Senator Ali Modu Sheriff and Senator Ahmed Markafi factions in the suit that seeks to resolve the protracted crisis rocking the Peoples Democratic Party (PDP).

Senator Markafi faction of the party is challenging the decision of the Court of Appeal Abuja Division which affirmed Senator Ali Modu Sheriff as the authentic National Chairman of the PDP.

At the hearing on Thursday, both the appellant (PDP), the 1st respondent (Ali Modu Sheriff) and Adewale Oladipo (2nd respondent) applied to regularise their processes which were filed out of time they were granted as prayed by Justice Musa Mohammed Dattijo-led new 5-man panel that replaced Justice Tanko Mohammed’s panel that has been disbanded.

Wole Olanipekun (SAN), represented the appellant, Chief Akin Olujimi (SAN) appeared for 1st and 2nd respondents, Sheriff and Oladipo respectively, while Nelson Ani announced appearance for the 3rd respondent (INEC) and Mohammed
Ndayako represented the 4th respondent.

Meanwhile, the apex court also fixed the same date, May 21, for hearing of a motion dated 21st March, filed by Lateef Fagbemi, challenging the competence of the appeal filed by the appellant.

He had told the court that he filed the motion on behalf of the PDP (Sheriff-led National Executives), insisting that he is the authentic National Chairman of the PDP, going by the judgment of the Court of Appeal, Port-Harcourt.

Fagbemi contention was 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 judgment of the Court of Appeal which recognised Ali Modu Sheriff as National Chairman of the PDP.

He pointed out that the judgment has not been set aside and no order for stay of execution has been obtained.
However, the panel posed the following questions to him to justify whether or not he should be entertained.

“What entitles you to be heard in this appeal? And was the decision of the Court of Appeal secured exparte?, the panel asked.

In 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.

But he admitted that the judgment obtained at the appellate court was not via an exparte order.

On his part, and in support of Fagbemi’s submission, Olujimi stated that “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 7 days to file and serve his written address in support of his motion on parties, while 5 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.