By Onitsha Shedrack,
Justice Okon Abang said this in preliminary ruling in an application filed the Ali Modu Sheriff-faction of party, adding that that every action the Committee has taken since it emerged through a convention the party purportedly held in Port Harcourt on May 21, amounted to nullity.
The Sheriff faction of the party had filed an application on July 4 for an interlocutory injunction seeking to stop the national convention of the party, which was planned by the Makarfi faction and scheduled for August 17.
The faction said it filed the suit numbered FHC/ABJ/CS/464/2016 for themselves and on behalf of the Executive Committee/National Working Committee of the PDP.
According to Justice Abang , “the High Court Lagos Division made orders on May 12 and 20, forbidding the PDP from removing the Sheriff-led Caretaker Committee. That order is still subsisting.
“Having regard to the order of the court, PDP had no lawful authority to hold the convention that led to the emergence of the Markafi-led Committee.
“The convention was unlawfully held and the Caretaker Committee was unlawfully and illegally appointed and could not take any legal decision for the PDP in view of the subsisting order of the Lagos Division of this court.
“Consequently, any action taken by the Markafi-led Committee, including the purported mandate for legal representation in this matter is hereby declared illegal.
“If the Markafi-led Caretaker Committee, as apostles of impunity, missed their way to the Port Harcourt division of this court, that court could not have conveniently assumed jurisdiction to set aside the earlier decision of the Lagos Division.
Justice Abang stated further that he would have voided the judgment of the Port Harcourt Division for being a nullity, assuming there was an application to that effect. He warned politicians not to cause disaffection among judges of the High Court, saying “the culture of impunity must stop in this country”.
According to the court’s ruling, “Ali Modu Sheriff is the National Chairman of the PDP. Any decision not taken by the Sheriff-led Committee is not binding on the PDP”.
In the suit which has the Independent National Electoral Commission and the PDP as the defendants, the plaintiffs had contended that by virtue of the PDP’s Constitution, they must remain in office till 2018.
They also urged the court to declare all moves aimed at removing, replacing or conducting fresh elections into their offices as illegal, unlawful, unconstitutional, null and void.