The National Chairman of the Peoples Democratic Party, Ali Modu Sheriff, has commenced moves to stop any appeal to the Supreme Court seeking to challenge the judgment of the Court of Appeal, Port Harcourt Division, which affirmed him as the authentic leader of the party.
He has therefore applied to the apex court for the withdrawal of an appeal filed in the name of the party by the Ahmed Makarfi-led faction.
The appeal, with number SC.133/2017, was filed on February 27, 2017, in the name of the PDP by the Makarfi-led caretaker committee to challenge the February 17, 2017 judgment of the Port Harcourt Division of the Court of Appeal which affirmed the Sheriff-led executive as the authentic leadership of the party.
In their motion to discontinue the appeal before the Supreme Court, Sheriff and his National Secretary, Prof. Wale Oladipo, argued among others, that no ground of law supported the appeal.
The motion was filed at the Supreme Court on March 16, 2017.
Filed through their lead counsel, Chief Akinlolu Olujinmi (SAN), the motion stated that more importantly, by virtue of the Court of Appeal’s judgment, Makarfi and other members of his faction were not the alter ego of the party and such were incompetent to institute any legal process in the name of the party.
It stated that none of Makarfi, Senator Ben Dayo Obi and Adeyeye could continue to act in any capacity as the representatives of the party.
The court paper read in part, “More importantly, however, the persons who have instigated the filing of the appeal and instructed lawyers to act for the appellant (namely Senator Ahmed Makarfi, Senator Ben Obi, and Mr. Dayo Adeyeye, who continue to style and parade themselves as the ‘National Caretaker Committee of the Peoples Democratic Party’), do not have the authority or power to do so.
“The corporate personality of the appellant can only be invoked by its legal alter ego, vide the National Working Committee/National Executive Committee of the Peoples Democratic Party, consisting of the first and second respondents (Sheriff and Oladipo) and other officers represented by them, not Senators Ahmed Makarfi, Senator Ben Obi, and Mr. Adeyeye, who are not officers of the appellant (the PDP) at all, as confirmed by the judgment of the lower court .”
In an affidavit filed in support of the motion, Oladipo, who deposed to it, stated that a letter had been written to Chief Wole Olanipekun (SAN), to stop acting as counsel for the PDP, adding that the duo of Mr. Lateef Fagbemi (SAN) and Dr. Alex Iziyon (SAN) had been appointed in his (Olanipekun’s) stead.
Oladipo stated, “I also know that as a fact that a letter was also written to Chief Wole Olanipekun (SAN) requiring him to stop acting as counsel for the Peoples Democratic Party as he was never authorised by the Chairman of the Peoples Democratic Party appeal.
“The said Senators Makarfi, Obi and Mr. Adeyeye have so demonstrated disrespect for the judicial process and the proceedings before this honourable court by their utterances.
“I know as a fact that the Peoples Democratic Party has not authorised anyone, including Chief Wole Olanipekun (SAN) to file any appeal against the judgment of the lower court delivered on February 17, 2017.”
Respondents to the appeal by the Makarfi-led faction’s of the PDP are Sheriff, Oladipo, the Independent National Electoral Commission, the Inspector-General of Police and the Department of State Services.
