The Supreme Court has sacked Ali Modu Sheriff as the National
Chairman of the Peoples Democratic Party (PDP).
A five-man panel of the court, in a unanimous judgment, held
that the Ahmed Markafi-led National Working Committee (NWC) is the
true leadership organ of the party.
Justice Bode Rhodes-Vivour read the lead judgment. He validated
the National Convention of the party held in Port Harcourt on May
21, 2016, during which the Sheriff led National Executive
Committee, NEC, was dissolved.
He said the convention was not conducted in disobedience to any
court order.
Justice Rhodes-Vivour held that the majority judgment of the two
of the members of the panel of the Port Harcourt Division of the
Court of Appeal, delivered on February 17, 2017, was perverse.
He accused Sheriff of engaging in forum shopping, saying he
“displayed infantile desperation to cling to office at all
cost”.
Justice Rhodes-Vivour upheld the judgment of Justice Mohammed
Liman of the Federal High Court in Port Harcourt, Rivers State
delivered on July 4, 2016, and the subsequent dissenting decision
of a member of the three-man panel of the Port Harcourt Division of
the Court of Appeal, which both validated the removal of Sheriff as
the National Chairman at the party’s national convention held on
May 21, 2016.
He identified two issues for determination, which he resolved
against the Sheriff-faction, based on the interpretation of
relevant provisions of the PDP constitution.
On the first issue, Justice Rhodes-Vivour said the suit filed by
Makarfi faction before the Federal High Court in Port Harcourt, was
not an abuse of court process as wrongly held by the majority
judgment which formed the decision of the Court of Appeal.
On the second issue, he said the national convention of the
party, held on May 21, 2016 was convened legally and in accordance
with the party’s constitution.
He said by the provisions of the PDP constitution, it was right
for the PDP Deputy National Chairman to preside over the convention
after Sheriff abandoned the convention and attempted to call it
off.
Justice Rhodes-Vivour said the convention acted rightly and not
in breach of any aspect of the PDP’s constitution by setting up the
Makarfi-led National Caretaker Committee.
He said: ruled, “There can be no doubt, after examining the
articles of the PDP constitution, that the national convention has
enormous and sweeping powers over the affairs of the party.
“When the first respondent (Sheriff) abandoned the convention,
the PDP Deputy National Chairman presided over the convention in
accordance with Article 35(2)(b) of the Constitution of the
PDP.
“At the National convention, far-reaching decisions were taken
accordance with the PDP constitution.
“Furthermore, the Court of Appeal was wrong for its findings and
came to a perverse conclusion after examining only Article 47(d) of
the PDP constitution. It should also have examined other
articles.
“If it had done so, it would have come to the conclusion that
the national convention acted according to the PDP
constitution.
“It is also to be noted that the motion for the removal of the
National Working Committee was brought pursuant to provisions of
article 33(5)(d) of the PDP constitution,” the judge said.
He therefore held that all the resolutions passed and adopted at
the convention, sacking the NEC and the NWC of the party was
valid.
He further said: “In the end, it is clear to this court that
suit number FHC/PHC/CS/524/2016 is not an abuse of process
“The national convention which was held on May 21, 2016, in Port
Harcourt, Rivers State, was properly convened.
“After examining the provisions of the PDP constitution, and the
resolution passed and adopted at the national convention, this
court is satisfied that the national convention acted
constitutionally when it dissolved the National Executive Committee
and the National Working Committee and appointed the Caretaker
committee under article 33(5)(d) and (e) of the PDP
constitution.
“There is merit in this appeal. The appeal is allowed. The
judgment of the trial court which was affirmed by the dissenting
judgment of the Court of Appeal is affirmed by this court. Cost of
N250,000 is awarded against the first respondent (Sheriff).”
Justice Rhodes-Vivour said, “The stakes are very high in
political battles. So, if allowed, political office seekers will
not hesitate to file multiplicity of suits on the same subject
matter hoping to get a favourable judgment from one court or the
other.
“Heads of court must by now be aware of this trend and stop this
annoying practice of assigning cases of the same subject matter to
different judges.
“This is unhealthy and renders the process completely useless,
ending up making the judiciary a laughingstock.
“Trial judges must also be on the lookout and refrain from
receiving cases when aware that a brother judge is handling a
similar matter.”
Justice Rhodes-Vivour frowned at Sheriff’ conduct of filing many
suits, which were abandoned and would continue to gather dust in
judicial archive.
He held, “The respondents (Sheriff group) and their allies filed
over 10 suits. The Court of Appeal has this to say; ‘the first
appellant’, I agree, ‘displayed an infantile desperation to cling
to office at all cost’.
“The first respondent was unpalatable desire to cling on to
office.That desire was desire was deployed relentlessly by filing
over 10 suits. Most of which have been abandoned. They shall
forever gather dust in judicial archive,” Justice Rhodes-Vivour
said.
He dismissed the preliminary objection filed by Sheriff, in
which Sheriff argued that the appeal by Makarfi faction was invalid
on the ground that it was filed in the name of the PDP, which he
(Makarfi) was no longer in control of after the February 17, 2017
judgment of the Court of Appeal.
Justices Walter Onnoghen (the Chief Justice of Nigeria), Tanko
Muhammad, Kayode Ariwoola and Dattijo Muhammad agreed with the lead
judgment.
Sheriff, who had always attend court, stayed away yesterday.
Makarfi was in court, accompanied by a large number of PDP
chieftains.
They include Governors Ayodele Fayose(Ekiti) and Nyesom Wike
(Rivers); former Vice-Chairman of the party (South West), Chief
Bode George, Chief Eddy Olafeso, a former National Publicity
Secretary Olisa Metuh, a former Minister of Education Prof. Tunde
Adeniran, a former Kano State Governor and one-time Minister of
Education, Ibrahim Shekarau.
Others included, a member of the Makarfi-led caretaker committee
of the party, Ben Obi, Raymond Dokpesi, Dayo Adeyeye, Emeka
Ihedioha, Jerry Gana and Tom Ikimi.
A notable face from the Sheriff camp was Deputy National
Chairman of the faction, Cairo Ojougho.
The Supreme Court has sacked Ali Modu Sheriff as the National
Chairman of the Peoples Democratic Party (PDP).
A five-man panel of the court, in a unanimous judgment, held
that the Ahmed Markafi-led National Working Committee (NWC) is the
true leadership organ of the party.
Justice Bode Rhodes-Vivour read the lead judgment. He validated
the National Convention of the party held in Port Harcourt on May
21, 2016, during which the Sheriff led National Executive
Committee, NEC, was dissolved.
He said the convention was not conducted in disobedience to any
court order.
Justice Rhodes-Vivour held that the majority judgment of the two
of the members of the panel of the Port Harcourt Division of the
Court of Appeal, delivered on February 17, 2017, was perverse.
He accused Sheriff of engaging in forum shopping, saying he
“displayed infantile desperation to cling to office at all
cost”.
Justice Rhodes-Vivour upheld the judgment of Justice Mohammed
Liman of the Federal High Court in Port Harcourt, Rivers State
delivered on July 4, 2016, and the subsequent dissenting decision
of a member of the three-man panel of the Port Harcourt Division of
the Court of Appeal, which both validated the removal of Sheriff as
the National Chairman at the party’s national convention held on
May 21, 2016.
He identified two issues for determination, which he resolved
against the Sheriff-faction, based on the interpretation of
relevant provisions of the PDP constitution.
On the first issue, Justice Rhodes-Vivour said the suit filed by
Makarfi faction before the Federal High Court in Port Harcourt, was
not an abuse of court process as wrongly held by the majority
judgment which formed the decision of the Court of Appeal.
On the second issue, he said the national convention of the
party, held on May 21, 2016 was convened legally and in accordance
with the party’s constitution.
He said by the provisions of the PDP constitution, it was right
for the PDP Deputy National Chairman to preside over the convention
after Sheriff abandoned the convention and attempted to call it
off.
Justice Rhodes-Vivour said the convention acted rightly and not
in breach of any aspect of the PDP’s constitution by setting up the
Makarfi-led National Caretaker Committee.
He said: ruled, “There can be no doubt, after examining the
articles of the PDP constitution, that the national convention has
enormous and sweeping powers over the affairs of the party.
“When the first respondent (Sheriff) abandoned the convention,
the PDP Deputy National Chairman presided over the convention in
accordance with Article 35(2)(b) of the Constitution of the
PDP.
“At the National convention, far-reaching decisions were taken
accordance with the PDP constitution.
“Furthermore, the Court of Appeal was wrong for its findings and
came to a perverse conclusion after examining only Article 47(d) of
the PDP constitution. It should also have examined other
articles.
“If it had done so, it would have come to the conclusion that
the national convention acted according to the PDP
constitution.
“It is also to be noted that the motion for the removal of the
National Working Committee was brought pursuant to provisions of
article 33(5)(d) of the PDP constitution,” the judge said.
He therefore held that all the resolutions passed and adopted at
the convention, sacking the NEC and the NWC of the party was
valid.
He further said: “In the end, it is clear to this court that
suit number FHC/PHC/CS/524/2016 is not an abuse of process
“The national convention which was held on May 21, 2016, in Port
Harcourt, Rivers State, was properly convened.
“After examining the provisions of the PDP constitution, and the
resolution passed and adopted at the national convention, this
court is satisfied that the national convention acted
constitutionally when it dissolved the National Executive Committee
and the National Working Committee and appointed the Caretaker
committee under article 33(5)(d) and (e) of the PDP
constitution.
“There is merit in this appeal. The appeal is allowed. The
judgment of the trial court which was affirmed by the dissenting
judgment of the Court of Appeal is affirmed by this court. Cost of
N250,000 is awarded against the first respondent (Sheriff).”
Justice Rhodes-Vivour said, “The stakes are very high in
political battles. So, if allowed, political office seekers will
not hesitate to file multiplicity of suits on the same subject
matter hoping to get a favourable judgment from one court or the
other.
“Heads of court must by now be aware of this trend and stop this
annoying practice of assigning cases of the same subject matter to
different judges.
“This is unhealthy and renders the process completely useless,
ending up making the judiciary a laughingstock.
“Trial judges must also be on the lookout and refrain from
receiving cases when aware that a brother judge is handling a
similar matter.”
Justice Rhodes-Vivour frowned at Sheriff’ conduct of filing many
suits, which were abandoned and would continue to gather dust in
judicial archive.
He held, “The respondents (Sheriff group) and their allies filed
over 10 suits. The Court of Appeal has this to say; ‘the first
appellant’, I agree, ‘displayed an infantile desperation to cling
to office at all cost’.
“The first respondent was unpalatable desire to cling on to
office.That desire was desire was deployed relentlessly by filing
over 10 suits. Most of which have been abandoned. They shall
forever gather dust in judicial archive,” Justice Rhodes-Vivour
said.
He dismissed the preliminary objection filed by Sheriff, in
which Sheriff argued that the appeal by Makarfi faction was invalid
on the ground that it was filed in the name of the PDP, which he
(Makarfi) was no longer in control of after the February 17, 2017
judgment of the Court of Appeal.
Justices Walter Onnoghen (the Chief Justice of Nigeria), Tanko
Muhammad, Kayode Ariwoola and Dattijo Muhammad agreed with the lead
judgment.
Sheriff, who had always attend court, stayed away yesterday.
Makarfi was in court, accompanied by a large number of PDP
chieftains.
They include Governors Ayodele Fayose(Ekiti) and Nyesom Wike
(Rivers); former Vice-Chairman of the party (South West), Chief
Bode George, Chief Eddy Olafeso, a former National Publicity
Secretary Olisa Metuh, a former Minister of Education Prof. Tunde
Adeniran, a former Kano State Governor and one-time Minister of
Education, Ibrahim Shekarau.
Others included, a member of the Makarfi-led caretaker committee
of the party, Ben Obi, Raymond Dokpesi, Dayo Adeyeye, Emeka
Ihedioha, Jerry Gana and Tom Ikimi.
A notable face from the Sheriff camp was Deputy National
Chairman of the faction, Cairo Ojougho.
Read more https://nairalaw.com/how-supreme-court-sacks-sheriff-and-declares-makarfi-pdp-chairman/