The Supreme Court on Monday struck out application by the
National Chairman of the Peoples Democratic Party, PDP, Ali Modu Sheriff,
seeking to stop the party’s appeal against him.
The Justice Walter Onnoghen-led court consequently granted
the appeal filed by the sacked Caretaker Committee Chairman of the party, Ahmed
Makarfi on behalf of PDP.
Recall that a Port Harcourt Appeal Court had affirmed
Sheriff as the authentic Chairman of the former ruling party, while sacking the
Makarfi’s committee.
Against this backdrop, Makarfi had filed an appeal at the
apex court to challenge the judgement.
The hearing of the matter was fixed for May 25.
But, the former Borno State Governor in an application
prayed the court not to entertain Makarfi’s appeal.
Sheriff explained that the Caretaker Committee could not
initiate legal proceedings in the name of the party, having been sacked by the
appeal court.
However, counsel to the party’s National Chairman, Akin
Olujimi, during today’s proceeding said Makarfi through his lawyer, Wole
Olanipekun, was abusing the court by using two processes to sustain his appeal.
“This constitutes an abuse of court processes. He is using
two different processes to sustain his appeal,” Olujimi said.
On his part, Olanipekun urged the court to allow his appeal
challenging the Appeal Court’s judgement.
He said, “I urge your lordships to discountenance all that
he has said, saying we did not seek leave for our grounds. He is the one
abusing court processes,” he said.
“Our appeal was dated April 27 and the judgement of the
court of appeal was dated February 17. According to the supreme court rule, we
have three months. Why will we be asking for leave for time when we were within
time. Application for leave to appeal is also an appeal.”
After listening to both sides, the five-man justices led by
the Chief Justice of the Federation, CJN, Walter Onnoghen, allowed the appeal.
By Seun Opejobi
