Another court sacks Sheriff as PDP Chairman
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.
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