Tobi Soniyi in Abuja
Justice Nwamaka Ogbonna of a High Court of the Federal Capital Territory has told the factional chairman of the Peoples Democratic Party (PDP), Ali Modu Sherrif that he is illegally parading himself as chairman of the party.
The court told Sherrif to stop parading himself as chairman and to also stop acting on behalf of the party as chairman.
The suit was filed by a contestant to the position of the youth leader in Wednesday’s national convention, Danladi Ayuba, while the sole defendant is Ali Modu Sheriff.
When the case was mentioned, no counsel appeared for Sheriff.
The plaintiff however presented to court the proof of service of the court process on Sheriff.
In her jedgement, Justice Ogbonna said based on the judgement of Justice Valentine Ashi of the same court which sacked Sherrif on June 26th 2016, which has not been appealed against at the Court of Appeal, all the action taken so far since June 26th have become a nullity.
“There is no evidence that the judgement of Ashi J has been appealed against, therefore, the judgement, which is a declarative one must be obeyed.
“Anything done contrary to the judgement of Ashi J. delivered on June 26th is null and void and of no effect. The judgement of Ashi J having not been appealed against subsists and is binding “the judge held.
In the suit which was heard two days ago, the plaintiff asked the court to decide among others whether having regard to the binding and subsisting judgement of Justice Valentine Ashi delivered on June 26 in suit No: FCT/HC/CV/1867/2016 which nullified the purpoted amendment of the provisions of Article 47(6) of the constitution of the PDP 2012 by which the defendant was claiming entitlement to the post of the national chairman of the PDP, the defendant could legally continue to parade himself as the National chairman, act or do anything in the name or on behalf of the PDP.
The plaintiff also asked the court to declare that the judgement of Justice Valentine Ashi was binding, valid an subsisting.
He also asked the court to declare that in pursuance of the said judgement which nullified the amendment of the provision of Article 47(6) of the PDP Constitution by which the defendant was claiming entitlement to the post of the national chairman of the PDP, the defendant cannot legally and lawfully continue to parade himself as the National chairman of the party.
In addition, the plaintiff also prayed the court to declare that the act of the defendant in parading himself as the National chairman of the PDP was unlawful, illegal, null and void and of no effect whatsoever.
Ayuba in his suit asked the court to give an order setting aside the act and conduct of the defendant done in the capacity of a national chairman of the party.
He also asked the court to give an order that the defendant could not convene any meeting, conduct any congress or primary for the purposes of nominating the party candidate for any election.