Supreme Court to hear PDP leadership tussle suit May 25
The Supreme Court has fixed May 25 for hearing the various applications relating to the leadership tussle between the Senator Ahmed Makarfi National Caretaker Committee and Senator Ali Modu Sheriff faction of the Peoples Democratic Party (PDP).
The apex court fixed the new date yesterday after parties to the suit regularised various court processes filed in respect of the case. Justice Musa Dattijo Mohammed, who presided over the session in company of four other justices, settled for the date after parties agreed on the date.
The two factions have laid claims and counter claims to the national leadership of the party. The issue culminated in the Court of Appeal, Port Harcourt Division’s judgment, which affirmed Sheriff’s faction as the authentic faction and Sheriff as the National chairman.
But not satisfied with the appellate court’s decision, Makarfi-led camp filed an appeal at the Supreme Court, challenging the competence of the appeal and praying the court to set aside the judgment of the Port Harcourt division of the Appeal Court.
At yesterday’s proceeding, Lateef Fagbemi (SAN), counsel to the first respondent – challenged the ground on which Senator Makarfi appealed the decision of the lower court in the name of PDP.
His ground was that by virtue of the judgment of the Appeal Court, Makarfi no longer has any right to enter an appeal in the name of the party without consultation and the consent of the authentic chairman.
He also held that so far, the judgement has not been set aside and no order for stay of execution has been obtained by Makarfi-led group. However, Justice Dattijo, who appeared not satisfied with the submission made by Fagbemi, demanded to know if the Court of Appeal has become the final court in the country.
The panel also demanded to know what entitled Fagbemi to be heard in the extant appeal. In his response, he stated that he appeared in the matter because Sheriff, who is the validly known national leader of PDP has asked him to discontinue the appeal.
In support of Fagbemi’s submission, Chief Akin Olujimi (SAN) who also stood for Sheriff stated that it was important to decide on the competence of the appellant/applicant because PDP was the respondent at the Court of Appeal.