JOHN NWOKOCHA, in this piece, wonders whether the recent Supreme Court ruling will end the leadership tussle between Ahmed Markafi, chairman, national caretaker committee of the Peoples Democratic Party (PDP) and the party’s national chairman, Ali Modu Sheriff
Last week, the Ahmed Makarfi faction of the Peoples Democratic Party (PDP), won round one at the Supreme Court, as the apex court struck out an application by Ali Modu Sheriff, National Chairman of PDP, asking the court not to hear the appeal of Ahmed Makarfi, national caretaker of the party.
It would be recalled that Makarfi had a filed an appeal at the apex court with number SC.133/2017, on February 27, 2017, challenging the February 17, 2017 judgment of the Port Harcourt Division of the Court of Appeal, which affirmed Sheriff’s chairmanship of the party and sacked his caretaker committee on November 24.
The court awarded N100,000 to Sheriff, to be borne by the nullified national caretaker committee’s Chairman, Sen. Ahmed Makarfi, the PDP, the Independent National Electoral Commission (INEC), Inspector-General of Police and Department of State Service (DSS). The Makarfi-led committee filed an appeal.
The hearing of the matter was fixed for May 25.
But, Sheriff in the application asked the apex court to not to hear Makarfi’s appeal, because he could not initiate legal proceedings in the name of party, having being sacked by the appeal court.
But at the Supreme Court on that Monday, Akin Olujimi, counsel to Sheriff, said Wole Olanipekun, counsel to Markafi, was abusing the court by using two processes to sustain his appeal.
He further asked the court not to allow the appeal, stating that Olanipekun did not apply for leave on some 20 out 24 grounds of arguments.
“This constitutes and abuse of court of processes. He is using two different processes to sustain his appeal,” Olujimi said.
On his part, Olanipekun urged the court to allow his appeal challenging the appeal court’s judgement.
“I urge your lordships to discountenace all that he has said, saying we did not seek leave for our grounds. He is the one abusing court processes,” he said.
“Our appeal was dated April 27 and the judgement of the court of appeal was dated February 17. According to the Supreme Court rule, we have three months. Why will we be asking for leave for time when we were within time. Application for leave to appeal is also an appeal.”
After listening to both sides, the five-man of justices led by Walter Onnoghen, chief justice of Nigeria (CJN), allowed the appeal.
“In this circumstance, we find merit in the appeal which is accordingly granted,” Onnoghen said.
Despite this, the Makarfi faction had filed an appeal at the Supreme Court and as it stands now, only the apex court would give the final verdict on the conflict.
In the short ruling on the application, Onnoghen, said the application by Makarfi was considered valid since it complied with the rules of the Supreme Court.
He said according to the Supreme Court rules, an application challenging a decision of a lower court ought to have come within three months after the ruling of the lower court.
He further said the apex court had taken note of the fact that the case was decided at the lower court in February, while the motion at the Supreme Court was filed less than three months after the ruling by the lower court.
Onnoghen therefore gave a unanimous ruling in favour of the Makarfi faction, and awarded an unstated cost against the faction led by Sheriff.
With the fierceness of the conflict, which has resulted in failed peace moves by stakeholders of the party, especially the reconciliation parley recently initiated by former President GoodLuck Jonathan, failed to record any positive result, there is the fear that the verdict of the apex court may not resolve the tussle.
