A high court sitting in Kubwa, Abuja on Wednesday, August 17, 2016 upheld the sack of Senator Ali Modu Sheriff as the Peoples Democratic Party (PDP) chairman.
Justice Valentine Ashi, had on Wednesday, June 19, 2016 nullified the 2014 amended constitution of the PDP through which Sheriff was appointed chairman.
He held that the process leading to the amendment of Article 47(6) of the party’s constitution did not comply with the provisions in Section 66(2) and (3) of the constitution.
The plaintiff, Danladi Ayuba had sought to know the subsistence of Ashi’s judgment that sacked Sheriff as PDP national chairman.
Oluyede Ajibade, counsel to Sheriff however challenged the jurisdiction of the court to entertain the matter, and sought an order from the judge to strike it out.
Ajibade claimed that their appearance in court with less than 24hours to prepare did not afford him fair hearing.
“The defendant had no notice, we don’t know what are in the court files," he said.
"The defendant has to be put on notice and given time to respond. He doesn’t have locus standi to bring the matter to this court. He is not PDP or Makarfi. Who is he?
"He seeking an interpretation of a judgement and he is not a direct beneficiary. He has to establish a liability. What is the plaintiff business to know what Valentine Ashi’s judgment means?”
He said it was an internal political matter, which ought not to be brought to court, saying: “We urge your lordship not to accept the invitation to drag the court into a political matter.”
Uchenna Oparaugo, counsel to the plaintiff, opposed the defendant’s preliminary objection. He stated that the plaintiff was a member of the PDP.
The presiding judge, Wamaka Ogbonnaya, however validated Ashi’s judgment sacking Sheriff as PDP chairman.
“The judgement, haven not been set aside, is still subsisting and their is no evidence that it has been set aside,” she said.
“Hereby is an order restraining the defendant from parading himself, convening any convention or conference on behalf of the party except the judgement is set aside,” the judge added.
Meanwhile, security operatives prevented delegates from gaining access to Sharks Stadium, venue of the PDP national convention on Wednesday, August 17, 2016.
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