Makarfi
Justice Okon Abang of the Federal High Court in Abuja yesterday warned the Peoples Democratic Party (PDP) against doing anything to destroy a case before him.
His ruling has put a question mark on the party’s convention fixed for Port Harcourt, the Rivers State capital, for August 17, by the Ahmed Makarfi-led caretaker committee.
The Ali Modu Sheriff-led executive committee of PDP had filed the suit, which sought among others, to stop the convention.
In its reaction last night, the Makarfi group faulted the judge’s decision, insisting on holding the convention.
Justice Abang, who adjourned till August 15 the ruling on an application by members of the Makarfi-led committee to be joined in the suit, drew the parties’ attention to the doctrine of lis pendens (a notice of the pendency of a suit in respect of an issue). He warned them of the consequences of taking steps that could affect the subject-matter of the suit before him.
“It will be in the interest of the plaintiff, defendants and parties seeking to be joined not to take steps that will affect the claims of the plaintiffs in this suit in line with the principle of lis pendens.” the judge said.
Justice Abang, in an earlier ruling on the dispute between two Senior Advocates of Nigeria (SAN) over who should represent PDP in the case, held among others, that the Makarfi-led Committee was an illegal body, without powers to take decisions for the party.
At the start of proceedings yesterday, Mr. O. O. Fakunle (SAN) and Mr. Ferdinand Orbi (SAN) announced appearance for the PDP.
While Fakunle claimed to have been briefed by the Sherrif Executive Committee, Orbi said he was briefed by the Makarfi Committee. Following this development, the court decided to take arguments from them.
Orbi argued that the Makarfi committee was the authentic leadership of the party having been recognised by the July 4 judgment of Justice Mohammed Liman of the Port Harcourt division.
Orbi said the Port Harcourt verdict has neutralised the two interlocutory orders given by the Lagos division of the court on May 12 and 20, 2016 in suits marked: FHC/L/CS/613/16 and FHC/L/CS/617/16.
Fakunle faulted the legality of the Port Harcourt convention and the judgment by Justice Liman, arguing that the verdict was given without jurisdiction.
He noted that by the two orders of May 12 and 20, 2016 by the Lagos Federal High Court, the PDP was restrained from replacing the Sheriff-led Executive of the party, pending the determination of the suit.
Fakunle noted that there was also another order by the Lagos court restraining the Independent National Electoral Commission (INEC) from monitoring any election conducted to remove the Sheriff-led Executive Committee.
He said the orders made on May 12 and 20 were to subsist pending the determination of both suits, but the party ignored the orders and held the Port Harcourt convention on May 21.
Ruling, Justice Abang said: “It is my humble view that having regard to the orders of the Lagos division of this court on May 12 and 20, 2016, the PDP had no lawful authority to hold the convention it purportedly convened on May 21st 2016 at Port Harcourt, that led to the emergence of the Caretaker Committee of the party.
“The convention that led to the emergence of the Makarfi-ied Caretaker Committee was illegally convened, having regard to the subsisting orders of the Lagos division of this court.
“PDP could not have pretended that the orders do not exist. Except the orders of the Lagos division are set aside by an appellate court, PDP could not have legally held the convention that led to the emergence of the Makarfi-led Caretaker Committee.
“The convention was unlawfully held and the caretaker committee was unlawfully and illegally appointed and could not lawfully take decisions of behalf of the PDP on account of the subsisting orders of the Lagos division of the court dated 12th and 20th May 2016.
Any action taken by the caretaker committee, having regard to the subsistence of the orders of the Lagos division of this court, inclusive of the authority to issue letter of instruction, appointing Ferdinand Orbi (SAN) or any other counsel for the PDP is unlawful and illegal.
“If the Makarfi-led caretaker committee, as apostle of impunity, missed their way to the PortHarcourt division of this court, the court could not have ordinarily assumed jurisdiction on the suit, because the Port Harcourt division cannot sit on appeal over the decision of the Lagos division of this court.”
He noted that since judges in the Port Harcourt and Lagos divisions are of equal jurisdiction, the Port Harcourt division cannot make an order neutralising an earlier order by the Lagos division.
The judge said the issue is not whether the orders made by the Lagos division were lawful or not, but that as at when the Makarfi Committee emerged and approached the Port Harcourt division, the orders made by the Lagos division were still subsisting.
Justice Abang said, although he has the powers to set aside the judgment given by the Port-Harcourt division, having found that it was given without jurisdiction, he would refrain from exercising such powers because there is no application to that effect.
“Since there is an appeal filed against the judgment of the Port Harcourt division, I will leave the issue of setting aside for their Lordships to decide whether the Port Harcourt division of this court has the power to deliver judgment that is capable of setting aside the orders of the Lagos division of the court,” Justice Abang said.
He faulted the judgment of the Port Harcourt division in which basis the Makarfi Committee came into being. The caretaker Committee emerged from the “illegally held convention” to replace the Sheriff-led Executive Committee amounted to a violation of the orders of the Lagos division, he said.
“Therefore, this court is not bound by the decision of the Port Harcourt division of this court dated the 4th day of July 2016 whether or not it is a final decision because its foundation is weak. In fact, it has no foundation. It is as if that judgment has not been delivered.
“All actions taken by the Caretaker Committee of the PDP, pursuant to the judgment of the Port Harcourt division of this court, including the letter appointing Ferdinand Orbi (SAN) as counsel to PDP in this matter, is hereby set aside and accordingly declared a nullity on account of the subsisting orders of the Lagos division of this court.
“Unless the orders of the Lagos division of this court are set aside, the caretaker committee of the PDP acts in vain in the affairs of the PDP,” the judge said.
Justice Abang, who blamed politicians for the confusion in courts, urged lawyers to be wary of the antics of politicians.
The judge said the outcome of the ruling scheduled for August 15 in the joinder application argued by lawyer to Makarfi and others, Yunus Ustaz (SAN), would determine whether or not they would be allowed to participate in the hearing of the motion for interlocutory injunction filed by the plaintiffs’ lawyer, Niyi Akintola (SAN).
The plaintiffs, by their motion for injunction seeks to restrain the PDP from proceeding with the planned convention until the determination of the substantive suit, which among others, queries the legitimacy of Makarfi’s leadership of the party.
Yesterday’s proceedings lasted for about nine hours, beginning from 9 am until the judge rose at 5.45pm . The case was the only matter attended to by Justice Abang.
Although he did not witness proceedings in the court room, Sheriff and some of his associates waited at the court car park.
Dressed in brown kaftan and cap, Sheriff smiled on learning about the court’s pronouncement. They left the court shortly after the proceedings ended.
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