A Federal High Court sitting in Port Harcourt on Monday declared
that the May 21, 2016 National Convention of the Peoples Democratic
Party, PDP,
was duly constituted, declaring that the dissolution of the National
Working Committee and the National Executive Committee by that
convention were valid.
(Photo above: L-R: Former Deputy National Chairman, Prince Uche Secondus,
Secretary of PDP Caretaker Committee, Senator Ben Obi and Member of PDP
Caretaker Committee, Prince Dayo Adeyeye at the Federal High Court
premises in Port Harcourt on Monday.)
 |
| Counsel to the PDP, Dejo Lamikanra, SAN, addressing journalists after the judgment of Justice Abdullahi Liman of the Federal High Court on Monday in Port Harcourt. |
In his judgment on the suit filed by the PDP against Senator Ali
Modu Sheriff and others, Justice Abdullahi Liman declared that the
appointment of the Caretaker Committee of the PDP to oversee its
affairs was legal and in line with the provisions of the PDP
constitution.
Justice Liman said that Article 31 (1) of the PDP constitution
vested the powers to convene a national convention on the National
Executive Committee of the party.
The court held that pursuant to the constitution of the party, the
former Acting National Chairman had no powers to unilaterally postpone
the properly constituted national convention on a day all delegates
had converged on Port Harcourt, the host city.
He described the action of Senator Ali Modu Sheriff as most
unconscionable , pointing out that the former Acting National
Chairman participated in all the processes leading to the National
Convention, only to make a u-turn at the final minute after he was
screened and disqualified.
The court ruled that after Sheriff was disqualified following his
screening, the only option that was left to Senator Sheriff was to
have gone to the venue of the National Convention to seek the opinion
of delegates whether they were prepared to go on with the convention or
not.
According to Justice Liman, the absence of Senator Ali Modu Sheriff
from the convention did not visible from the process as his powers were
not usurped.
The court declared that under Article 35 (b) of the PDP constitution ,
in the absence of the Chairman, the Deputy Chairman was empowered to
preside over the National Convention.
It therefore ruled that the May 21st, 2016 PDP National Convention was
properly constituted and the decisions taken at the convention,
valid.
The Federal High Court further ruled that in line with Article 33 (2) of
the PDP constitution, the National Convention of the party is supreme
and can exercise the powers to dissolve the National Working Committee
and the National Executive Committee of the party.
On the issue of the abuse of court process claimed by the Former
National Acting Chairman, Senator Ali Modu Sheriff, the court held that
the plaintiffs in the case in question are not the same in the cases
mentioned by the defendants, noting that the plaintiffs suit only
centred on the National Convention.
The court noted that five days to the National Convention, the Former
Acting National Chairman, Senator Ali Modu Sheriff had through his
counsel’s dissociated himself from one of the suits they filed via
proxies.
Justice Liman emphasised that there was no suit challenging the
conduct of the National Convention in Port Harcourt and that no
injunction sought to stop the convention.
Addressing journalists after the judgment, Counsel to the PDP, Dejo
Lamikanra (SAN) said that the judgment settles all the contending
issues concerning the PDP. He said with the judgement, the decision
of the National Convention to appoint a Caretaker Committee stands and
that Senator Ali Modu Sheriff was duly sacked.
In his remarks, Secretary of the Caretaker Committee, Senator Ben Obi
declared that the Caretaker Committee will now settle down to carry out
the responsibility bestowed on it by the National Convention.
Counsel to Senator Ali Modu Sheriff, Mr John Martins Abu commended the
court for its judgment.
