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From Godwin Tsa, Abuja
Chief Justice of Nigeria (CJN), Walter Onnoghen, has raised a fresh panel of five justices of the Supreme Court, to hear applications from Chairman of the National Caretaker Committee, Senator Ahmed Makarfi, on the leadership crisis rocking the Peoples Democratic Party (PDP).
Hearing of the application has been fixed for May 25, 2017. The apex court fixed the date after parties in the appeal regularised their various processes pending before the court.
Before the court is an appeal by Markafi’s faction of the party against the judgment of the Court of Appeal, which affirmed Senator Ali Modu-Sheriff as the PDP national chairman.
When the matter came up yesterday, senator Sheriff secured leave of the court to regularise their process.
Musa Dattijo-led panel of justices took over from the Justice Mahmud Tanko-led panel which was disbanded by the CJN.
The old panel, which also had Justice Mary Odili as member, Daily Sun learnt, was disbanded over alleged bias.
Meanwhile, a March 21, motion filed by Lateef Fagbemi (SAN), on behalf of Sheriff, stirred controversy in the court.
The motion challenged the competence of the appeal filed by Markafi in the first place.
In the appearance list were Wole Olanipekun (SAN), who appeared for Markafi, while Chief Akin Olujimi (SAN) appeared for Sheriff and Oladipo, respectively.
On the other hand, Nelson Ani announced appearance for the 3rd respondent Independent National Electoral Commission (INEC) just as Mohammed Ndayako represented the fourth respondent.
In moving his motion, Lateef told the court that he filed the motion on behalf of Sheriff-led national executives), and insisted he is the national chairman of the PDP, going by the judgment of the Court of Appeal in Port-Harcourt, Rivers State.
He argued that “it was wrong for an appeal to be filed at the Supreme Court without consulting the chairman of the party.
“The person I am representing is not interested in the appeal and I am here, based on the judgment of the Court of Appeal which recognised Ali Modu- Sheriff as national chairman of PDP.
He pointed out that the judgment has not been set aside and no order for stay of execution has been obtained.
However, the panel posed the following questions to him to justify whether or not he should be entertained.
“What entitles you to be heard in this appeal? And was the decision of the Court of Appeal secured ex parte? the panel asked.
In response, Fagbemi said he appeared in the matter because Sheriff, who is the validly known national leader of the PDP has asked him to discontinue the appeal.
l secured ex parte? the panel asked.
In response, Fagbemi said he appeared in the matter because Sheriff, who is the validly known national leader of the PDP has asked him to discontinue the appeal.
