Abuja court sacks Sheriff as PDP Chairman

A Federal Capital Ter­ritory (FCT) High Court in Abuja, has nullified the appointment of Ali Modu Sheriff as Chair­man of the Peoples Demo­cratic Party (PDP).
The trial judge, Justice Nwamaka Ogbonna, ruled on Wednesday that Sheriff that he is “illegally parading himself as chairman of the party.”
He therefore directed Sheriff to stop parading him­self and acting on behalf of the party as its chairman.
The suit was filed by a contestant for the position of the PDP youth leader in yesterday’s national conven­tion, Danladi Ayuba, while the sole defendant is Ali Modu Sheriff.
When the case was men­tioned, no counsel appeared for Sheriff.
The plaintiff, however, presented to the court the proof of service of its pro­cesses on Sheriff.
Delivering his verdict, Justice Ogbonna said based on the judgement of Justice Valentine Ashi of the same court which sacked Sheriff on June 26, 2016, which has not been appealed against at the Court of Appeal, all the actions taken so far since June 26 have become a nul­lity.
He said: “There is no ev­idence that the judgement of Ashi J. has been appealed against, therefore, the judge­ment, which is a declarative one must be obeyed.
“Anything done contra­ry to the judgement of Ashi J. delivered on June 26 is null and void . The judgement of Ashi J. having not been ap­pealed against subsists and is binding,” the judge held.
In the suit, which was first heard two days ago, the plaintiff wants the court to decide among others wheth­er having regard to the bind­ing and subsisting judgement of Justice Valentine Ashi de­livered on June 26 in suit No: FCT/HC/CV/1867/2016 which nullified the purport­ed amendment of the pro­visions of Article 47(6) of the Constitution of the PDP 2012 by which the defend­ant is claiming entitlement to the post of the nation­al chairman of the PDP, the defendant can legally contin­ue to parade himself as the national chairman, act or do anything in the name or on behalf of the PDP.
The plaintiff, however, wants the court to declare that the judgement of Jus­tice Valentine Ashi is bind­ing, valid and subsisting.
He also wants the court to declare that in pursuance of the said judgement which nullified the amendment of the provision of Article 47(6) of the PDP Constitu­tion by which the defendant is claiming entitlement to the post of the national chair­man of the PDP, the defend­ant cannot legally and lawful­ly continue to parade himself as the National chairman of the party.
In addition, the plain­tiff is also praying the court to declare that the act of the defendant in parading him­self as the National chairman of the PDP is unlawful, ille­gal, null and void and of no effect whatsoever.
Ayuba in his suit wants the court to give an order setting aside the act and con­duct of the defendant done in the capacity of a national chairman of the party.

Originally posted 2016-08-18 11:28:12.

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