Sheriff
A High Court of the Federal Capital Territory (FCT) in Kubwa, Abuja has restrained Ali Modu Sheriff from further parading as National Chairman of the People’s Democratic Party (PDP) and acting or taking decisions on its behalf.
Justice Nwamaka Ogbonnaya, in a judgment Wednesday, held among others, that by virtue of the June 29, 2016 judgment by Justice Valentine Ashi (of the Apo division of High Court of the FCT), the appointment of Sheriff and other members of his Executive of the party remains voided.
Justice Ashi had, in the judgment in a suit filed by Joseph Jero, marked: FCT/HC/CV/1867/2016, voided the amendment to Article 47(6) of the PDP constitution, on which basis Sheriff and his Executive emerged at the convention held by the party on December 10 and 11, 2o15.
Justice Ogbonnaya said there was no evidence before her that the judgment by Justice Ashi had been appealed. She said even if appealed, mere filing of an appeal against a judgment cannot act as a stay of the judgment’s execution.
She said the judgment by Justice Ashi remained valid until it is set aside by an appellate court, and that parties affected by the judgement and orders made in it are bound by the said orders and declarations.
The Wednesday’s judgment read by Justice Ogbonnaya for over one hour, starting from 5pm, was on a suit filed on August 9, 2016 by Danladi Ayuba, who claimed to be a PDP member and an aspirant to the post of National Leader of the party at its convention scheduled for Port Harcourt.
Justice Ogbonnaya, who granted all the reliefs by the plaintiff, and made an order “setting aside and or nullified the act or conduct of the defendant (Sheriff) as National Chairman of the PDP or anything done by him in the name or on behalf of the party for being unlawful, null, void and of no effect whatsoever.”
The judge also ordered that Sheriff cannot lawfully and legally instruct any counsel for. Or on behalf of the PDP, convene any meeting of the party; conduct any congress/primary for the purposes of nominating the party’s candidates for any election.
She further granted an order setting aside all acts by Sheriff subsequent to the judgment of June 29 by Justice Ashi, for being unlawful, illegal and void.
Justice Ogbonnaya declared among others, that by virtue of the June 29 judgment nullifying the amendment to the PDP’s constitution (on which basis Sheriff became the party’s national Chairman), he “cannot lawfully continue to parade himself as the National Chairman, act or do anything in the name and on behalf of the PDP.”
Earlier before the judgment, the judge dismissed all applications filed by Sheriff’s lawyer, Ajibola Oluyede, including a notice of preliminary objection.
Sheriff had argued, in his objection that he was not aware of the case, in which he was the sole defendant, until late Tuesday night when photo copies of the originating processes were brought to his attention.
He queried the plaintiff’s locus standi, the competence of the suit and the jurisdiction of the court to hear it.
While dismissing the objection, Justice Ogbonnaya held that the plaintiff effected proper service of the processes on the defendant have executed substituted service by pasting the documents at the PDP headquarters, Wadata House, Abuja.
She dismissed all the objections raised by Sheriff and assumed jurisdiction over the matter.
Shortly after the judge’s ruling, Oluyede urged the judge to adjourn to give his client time to react to the main suit, a request Justice Ogbonnaya rejected.
Sensing that the judge was bent on delivering the judgment, Oluyede urged the judge to recuse herself from the case on the grounds that she has exhibited bias and had denied his client fair hearing.
The judge held that she was convinced that Sheriff was properly served and that he was aware of the hearing slated for August 16, but elected not to attend.
She also held that Sheriff chose only to file preliminary objection when he had the time to file a counter affidavit to the originating summons.
The judge, having dismissed all applications by Sheriff’s lawyer, including the one asking her to disqualify herself, Justice Ogbonnaya proceeded to read the judgment, which she had reserved the previous day, for delivery Wednesday.
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