A Federal High Court sitting in Abuja has affirmed Mr Ali
Modu Sheriff as the authentic national chairman of the Peoples
Democratic Party (PDP).
According to Justice Okon Abang, only actions and decisions made by the Sheriff-led leadership are lawful and binding.
He,
however, said that although he has the powers to nullify the ruling of
the Port Harcourt division of the Federal High Court, which recognized
the Makarfi-led leadership, he would not do so because there is no
application to that effect before him.
Hence he would allow the Court of Appeal to do justice to that.
The
court held that the convention held in Port-Harcourt on May 20, was
held in violation of the two court orders of the Lagos division of the
Federal High Court which barred the PDP and INEC from holding the
convention.
Justice Okon Abang, in his ruling barred the
Makarfi-led caretaker committee from exercising any authority or taking
any decision on behalf of the PDP henceforth on account of been an
illegal body.
According to Justice Abang, the Makarfi-led group
missed their way to Port Harcourt to obtain a judgement from a division
of the Federal High Court which is a court of co-ordinate jurisdiction
to that of Lagos to obtain a favorable judgement.
And that the
judgment which recognized the Makarfi-led caretaker committee is
unlawful, illegal and has no foundation in law to stand.
He held
that until the orders made by the Lagos division of the Federal High
Court which restrained PDP from holding a convention at the time it did
was set aside, anything done in contravention of the two subsisting
orders are unlawful, illegal and should not be recognized.
The
Ahmed Makarfi-led PDP had approached an FCT High Court challenging the
power of Justice Okon Abang to hear the suit filed by Senator Sheriff.
They
specifically asked the court to restrain Justice Abang on the grounds
that there is a circular from the Chief Judge of the Federal High Court
restraining all judges handling PDP leadership tussle cases to stop
further action pending the outcome of the appeals before the appellate
court.
This was after Mr Ali Modu Sheriff and eight others
approached the Federal High Court, Abuja for an order of interlocutory
injunction restraining the Independent National Electoral Commission
(INEC) and the party from conducting the national convention slated for
August 17.
He also wanted an order restraining the PDP from
presenting anybody or sponsoring any person for election into its
offices pending determination of the suit.
He asked for an
ancillary order directing the Nigerian Police to enforce the orders of
the court until all applications are disposed of.

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