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Thursday 28 July 2016

Court Sacks Makarfi, Affirms Sheriff As PDP Chairman

The leadership crisis rocking the Peoples Democratic Party, PDP, deepened
on Thursday , as the Federal High Court in Abuja, sacked the Senator
Ahmed Makarfi-led Caretaker Committee of the party.
The court, in a ruling by Justice Okon Abang, held that every action the
Committee has taken since it emerged through a convention the party
purportedly held in Port Harcourt on May 21 , amounted to nullity.
"Parties have an uncompromising duty to obey court order until it is set
aside. The Lagos Division made orders on May 12 and 20 , forbidding
the PDP from removing the Sheriff-led Caretaker Committee. That order is
still subsisting.
"Having regard to the order of the court, PDP had no lawful authority to
hold the convention that led to the emergence of the Markafi-led
Committee.
"The convention was unlawfully held and the Caretaker Committee was
unlawfully and illegally appointed and could not take any legal decision for
the PDP in view of the subsisting order of the Lagos Division of this
court.
"Consequently, any action taken by the Markafi-led Committee, including
the purported mandate for legal representation in this matter is hereby
declared illegal.
"If the Markafi-led Caretaker Committee, as apostles of impunity, missed
their way to the Port Harcourt division of this court, that court could not
have conveniently assumed jurisdiction to set aside the earlier decision of
the Lagos Division.
"I hold that the Port Harcourt division of this court cannot make an order
to neutralise the potency of the Lagos Division of this court dated 12 and
20 May ".
Justice Abang said he would have voided the judgment of the Port
Harcourt Division for being a nullity, assuming there was an application to
that effect.
He warned politicians not to cause disaffection among judges of the High
Court, saying "the culture of impunity must stop in this country".
According to the court, "Ali Modu Sheriff is the National Chairman of the
PDP. Any decision not taken by the Sheriff-led Committee is not binding
on the PDP".
The ruling came on a day two Senior Advocates of Nigeria, SANs, clashed
in court over the suit seeking to stop the National Convention of the party
billed to hold in Port Harcourt on August 17 .





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