The embattled National Chairman, of the opposition Peoples Democratic Party, PDP, Ali Modu-Sheriff, is on his way to the Supreme Court, to challenge an appeal by the Ahmed Makarfi-led Caretaker Committee, seeking to unseat him.
Makarfi, who heads the PDP Caretaker Committee, had gone to the apex court, seeking to reverse the Port Harcourt Court of Appeal judgement, that sanctioned Senator Sheriff as the party’s National Chairman.
Sheriff has however, applied to the Supreme Court, praying for the withdrawal of Senator Makarfi’s appeal, contending that he (Makarfi), has no right to file using the name of the PDP in his suit, having been unseated by the Port Harcourt Appeal Court’s ruling.
The Makarfi-led faction of the party had in its appeal to the apex court, with suit number SC.133/2017, filed on February 27, challenged the February 17, 2017 ruling, that authenticated Sheriff as Chairman of the troubled PDP.
The motion was filed at the apex court, through their lead Counsel, Chief Akinlolu Olujinmi (SAN).However, Sheriff and his National Secretary, Prof. Wale Oladipo, in their motion to discontinue the appeal before the apex court, is contending among other things, that there is no known law supporting the appeal by Makarfi.
Part of the motion reads: “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 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.”
Also, in an affidavit Oladipo filed supporting the motion, he stated that Chief Wole Olanipekun (SAN), has been written to forthwith desist from acting as Counsel for the PDP.
He said that Lateef Fagbemi (SAN), and Dr. Alex Iziyon (SAN), had now been chosen in place of Olanipekun.
“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 PDP, as he was never authorised by the Chairman.
“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 PDP 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”, the document stated.
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