The Supreme Court has referred the two factional leaders of
the Peoples Democratic Party (PDP) – Ali Modu Sheriff and Ahmed Makarfi – back
to the Court of Appeal for the decision on who among them possesses the right
to take decisions for the party.
Senator Ahmed Makarfi |
In a unanimous ruling, a five-man panel of the Supreme
Court, led by Justice Walter Onnoghen, struck out an interlocutory appeal by
the Sheriff faction and directed parties to return to the Court of Appeal for a
final pronouncement on the substantive issue of which of the factional
leaderships of the party could instruct lawyers to act for the PDP.
The Makarfi faction had appealed the ruling by Justice Okon
Abang of the Federal High Court, Abuja recognising the right of the Sheriff-led
faction to make decisions for the party, including briefing lawyers on its
behalf.
Senator Ali Modu Sheriff |
When the Court of Appeal ruled that it would hear the
Markafi groups’ appeal with the objection raised against it by the Sheriff
faction, it appealed the decision to the Supreme Court, the interlocutory
appeal that was struck out this morning.
The Supreme Court said the Sheriff faction or any other
party not satisfied with the Court of Appeal’s final judgment could appeal the
judgment, including the interlocutory decisions.
The court also gave similar directives in relation to other
interlocutory appeals relating to the choice of candidate for the PDP in the
November 26 Ondo State governorship election.
The apex court said, in view of the judgments of the Court
of Appeal on November 23 – which voided the ruling that recognised Jimoh
Ibrahim as candidate – the interlocutory appeals were now mere academic
exercise.
The appeals were against the Court of Appeal’s interlocutory
rulings, granting leave to Eyitayo Jegede, Makarfi and Obi to appeal the June
29 judgment and October 14, 2016 ruling by Justice Abang.
The court orders Ibrahim and others, who are not comfortable
with the judgments given by the Court of Appeal on November 23 to appeal the
final judgment and include the issues contained in the interlocutory appeals,
which it struck out today, Thursday, Nov. 24, 2016.
·
Source: The Nation
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