PDP Crisis: Another court sacks Ali Modu Sheriff as party chair
Thu Aug 18, 2016 09:00:am Politics
2.7K By sosa hills
A Federal Capital Territory (FCT) High Court in Abuja, has nullified the appointment of Ali Modu Sheriff as Chairman of the Peoples Democratic Party (PDP).
The trial judge, Justice Nwamaka Ogbonna, ruled on Wednesday that Sheriff that he is "illegally parading himself as chairman of the party."
He therefore directed Sheriff to stop parading himself and acting on behalf of the party as its chairman.
The suit was filed by a contestant for the position of the PDP youth leader in yesterday's national convention, Danladi Ayuba, while the sole defendant is Ali Modu Sheriff.
When the case was mentioned, no counsel appeared for Sheriff.
The plaintiff, however, presented to the court the proof of service of its processes on Sheriff.
Delivering his verdict, Justice Ogbonna said based on the judgement of Justice Valentine Ashi of the same court which sacked Sheriff on June 26, 2016, which has not been appealed against at the Court of Appeal, all the actions taken so far since June 26 have become a nullity.
He said: "There is no evidence that the judgement of Ashi J. has been appealed against, therefore, the judgement, which is a declarative one must be obeyed.
"Anything done contrary to the judgement of Ashi J. delivered on June 26 is null and void . The judgement of Ashi J. having not been appealed against subsists and is binding," the judge held.
In the suit, which was first heard two days ago, the plaintiff wants the court to decide among others whether having regard to the binding and subsisting judgement of Justice Valentine Ashi delivered on June 26 in suit No: FCT/HC/CV/1867/2016 which nullified the purported amendment of the provisions of Article 47(6) of the Constitution of the PDP 2012 by which the defendant is claiming entitlement to the post of the national chairman of the PDP, the defendant can legally continue to parade himself as the national chairman, act or do anything in the name or on behalf of the PDP.
The plaintiff, however, wants the court to declare that the judgement of Justice Valentine Ashi is binding, valid and subsisting.
He also wants the court to declare that in pursuance of the said judgement which nullified the amendment of the provision of Article 47(6) of the PDP Constitution by which the defendant is claiming entitlement to the post of the national chairman of the PDP, the defendant cannot legally and lawfully continue to parade himself as the National chairman of the party.
In addition, the plaintiff is also praying the court to declare that the act of the defendant in parading himself as the National chairman of the PDP is unlawful, illegal, null and void and of no effect whatsoever.
Ayuba in his suit wants the court to give an order setting aside the act and conduct of the defendant done in the capacity of a national chairman of the party.
The trial judge, Justice Nwamaka Ogbonna, ruled on Wednesday that Sheriff that he is "illegally parading himself as chairman of the party."
He therefore directed Sheriff to stop parading himself and acting on behalf of the party as its chairman.
The suit was filed by a contestant for the position of the PDP youth leader in yesterday's national convention, Danladi Ayuba, while the sole defendant is Ali Modu Sheriff.
When the case was mentioned, no counsel appeared for Sheriff.
The plaintiff, however, presented to the court the proof of service of its processes on Sheriff.
Delivering his verdict, Justice Ogbonna said based on the judgement of Justice Valentine Ashi of the same court which sacked Sheriff on June 26, 2016, which has not been appealed against at the Court of Appeal, all the actions taken so far since June 26 have become a nullity.
He said: "There is no evidence that the judgement of Ashi J. has been appealed against, therefore, the judgement, which is a declarative one must be obeyed.
"Anything done contrary to the judgement of Ashi J. delivered on June 26 is null and void . The judgement of Ashi J. having not been appealed against subsists and is binding," the judge held.
In the suit, which was first heard two days ago, the plaintiff wants the court to decide among others whether having regard to the binding and subsisting judgement of Justice Valentine Ashi delivered on June 26 in suit No: FCT/HC/CV/1867/2016 which nullified the purported amendment of the provisions of Article 47(6) of the Constitution of the PDP 2012 by which the defendant is claiming entitlement to the post of the national chairman of the PDP, the defendant can legally continue to parade himself as the national chairman, act or do anything in the name or on behalf of the PDP.
The plaintiff, however, wants the court to declare that the judgement of Justice Valentine Ashi is binding, valid and subsisting.
He also wants the court to declare that in pursuance of the said judgement which nullified the amendment of the provision of Article 47(6) of the PDP Constitution by which the defendant is claiming entitlement to the post of the national chairman of the PDP, the defendant cannot legally and lawfully continue to parade himself as the National chairman of the party.
In addition, the plaintiff is also praying the court to declare that the act of the defendant in parading himself as the National chairman of the PDP is unlawful, illegal, null and void and of no effect whatsoever.
Ayuba in his suit wants the court to give an order setting aside the act and conduct of the defendant done in the capacity of a national chairman of the party.
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