FHC Abuja stops PDP convention
Port Harcourt Div gives go-ahead
We’re on standby – INEC
By Emeka Nze, Vivian Ojekeme, Abuja and Iyalla Adaye, Port Harcourt
As the Senator Ahmed Mohammed Makarfi-led caretaker committee of the Peoples Democratic
Party, yesterday finalised arrangement for the party’s National Convention in Port Harcourt, Rivers state, holding today, the embattled former National Chairman of the party, Senator Ali Modu Sheriff, has accused some judges of the Federal High Court of foul play in the whole saga.
Sheriff, who called on the Chief Justice of Nigeria , Justice Mohammed Mahmood to bring the ‘erring judges’ to book, specifically pointed accusing fingers at some judges in the Port Harcourt Division of the FHC.
His call came against the backdrop of the ruling by Justice Ibrahim Watila who ordered that the PDP should proceed with the convention, as against that by Justice Okon Abang of the Abuja Division which stopped the event from holding.
And the Independent National Electoral Commission has agreed to abide by Justice Watila’s order, saying its men were on standby in Port Harcourt to observe the convention.
Addressing
journalists yesterday in Abuja, a visibly furious Sheriff who described
the affected judges as “bad eggs,” expressed shock at the Monday
interlocutory order of the FHC, Port Harcourt which validated the
convention in total defiance of the ongoing vacation of the judiciary
The ruling, he said, had vindicated President Muhammadu Buhari’s position that the judiciary was the greatest headache of his administration.
Warning that the unsavoury situation in the judiciary if not addressed, would lead to anarchy in the country, he threatened to petition the National Judicial Council over the matter and vowed to fight on until he got justice.
“We are calling on the Chief Justice of Nigeria, to look into the Port Harcourt Division of this judiciary; otherwise, they will bring anarchy into this country. The irony of it is that Liman is the most senior administrative judge there. So, what he did before, is asking another judge to repeat the same because he is the senior judge. So, this Justice Ibrahim Watila is available to be used.
“I think all of us listened to the President of the nation, complaining about judiciary. Our judges in the Supreme Court are first class; our judges at Court of Appeal are second to none. All the problem of Nigeria is few judges in the Federal High Courts.
“Urgent attention is needed to be taken by the CJN, Chief Judge of the Federal High Court and the Judicial Service Commission. Unless those kinds of people are removed completely, Nigeria will have problem.”
A visibly enraged Sheriff insisted that any attempt to hold the convention was illegal and unacceptable, maintaining that he was elected by the National Executive Committee (NEC) and would remain in office till 2018.
“But the truth about it is that whatever they do is illegal, unacceptable and we will continue. I will not recognise any of these gatherings. I will pursue the rule of law until justice is done. This party is for Nigerians. I am ready today, tomorrow if justice will be done, if elections are conducted in Abuja.
“If people are allowed to choose who they want as leaders; I will be prepared to hand over to that person. But unless and until we do that, I have the right; I have been elected by the NEC for specific period of time. That period will not finish until 2018. But I am ready to go
tomorrow, let this party not be taken over by one person. We cannot allow it,” he said.
Meanwhile, the FHC Port Harcourt Division has declared the Makarfi-led interim execos as the one with the executive authority in all matters concerning the party.
Delivering a judgment on Suit Number FHC/PH /CS /585/2016, between Senator Ben Obi for himself and other members of the National Planning Committee of the PDP, and the Inspector-General of Police, the Commissioner of Police, Rivers State, State Security Service, and the INEC Justice Watila ordered the Police, DSS and INEC to play their statutory role in the convention.
“It is necessary for the defendants to carry out their respective functions at the 17th August, 2016,” he ruled.
The court declared that its judgment of 4th July, 2016 remains valid until set aside by a competent jurisdiction, which in this case is the Court of Appeal.
The court stressed that all the defendants are clearly and without dispute bound to obey the judgment.
“This court will not shy away from protecting the sanctity of its judgment. The court has held that the appointment of the PDP National Caretaker Committee is valid “, he said.
Justice Watila stated: “In view of the subsisting judgment of this Honourable Court in Suit No: FHC/PH /CS /524/2016, PDP V. Senator Ali-Modu Sheriff and others, the defendants cannot lawfully interfere or prevent the Plaintiff from organising /holding the Planned National Convention of the PDP to hold in Port Harcourt on August 17th 2016.”
In granting the originating summons, Justice Watila declared that the defendants were duly served all the processes of the suit filed by the Secretary of the National Caretaker Committee, but chose not to contest the facts.
Justice Watila stated that court records indicated that the proceedings and order of 10th August, 2016 and the interlocutory injunction of 15th August, 2016 were served on the defendants with proof of service.
Addressing journalists after the judgment, Counsel to Senator Ben Obi, Barrister Dejo Lamikanra (SAN) said the ruling gives effect to the Judgment of 4th July, 2016 of the Federal High Court.
Lamikanra (SAN) said: “There is only one judgment with regards to the validity of the convention which held on the 21st of May in Port Harcourt and that judgment is the judgment of the Federal High Court in Port Harcourt given on the 4th of July. That judgment is final and it has completely determined questions on the validity of the convention and the validity of the decisions of that convention.
“A ruling or an opinion of a court of coordinate jurisdiction which suggests anything else must be discountenanced. It is only the Court of Appeal that can set aside the judgment of the Federal High Court. ”
In a counter judgment, Justice Abang of the Abuja FHC issued an interlocutory
injunction restraining the party from holding the convention until a substantive application
before it is determined.
The court also directed the Inspector General of Police, Ibrahim Idris, to ensure the convention does not hold and ensure compliance.
Justice Abang, while giving the ruling, warned that parties in the ongoing tussle for the leadership of the PDP, who go against the decision of the court, should be ready for punishment.
While giving ruling in a motion on notice filed by Sheriff against the convention,
Justice Abang also barred the party from presenting, and recognizing anybody as the chairman of the party.
In the ruling, Justice Abang also ordered the police to enforce his order stopping the planned convention.
In the same vein, the judge directed Sherriff to obtain and fill form 48 so as to commit anybody or group who may commit contempt of the court to prison.
The judge also chastised his learned brother, Justice Watila for dabbling into the PDP matter in spite of the subsisting one in Abuja.
He further stated that the Port Harcourt Division would have done well if he had referred the suit filed by Obi to the Chief Judge of the Federal High Court, for a directive instead of assuming jurisdiction the way the judge did, saying the Port Harcourt Division has set the stage for a legal combat to decide which of the decisions should be obeyed.
He explained that the Abuja Division of the court was not struggling with the Port Harcourt Division for jurisdiction, arguing that the Port Harcourt Division should not have assumed jurisdiction because the Supreme Court had made it clear that when a situation like this arises, a judge should consult with the Chief Judge before taking any step.
“If my brother knows the Supreme Court’s decision, he would not have assumed jurisdiction.
“The Port Harcourt Division Court, cannot overrule me. Any party or person that fails to comply with my decision would have himself to blame, “he insisted.
On a member of the PDP’s disparaging remarks, Justice Abang, described his conduct as an act of indiscipline, saying “any person scandalizing the court of law is breaking the bridge, he would crash one day. I have various legal steps to bring him to book, but I would not do so for now.”
But the INEC has chosen to be on standby waiting for the next line of action, explained the commission’s Deputy Director on Publicity and Voter Education, Mr. Nick Dazang.
Dazang, who spoke in a telephone conversation with one of our reporters yesterday, stated that while the commission was yet to be served with the Abuja judgment, it had already received that of Port Harcourt in favour of the convention.
He noted that the commission would decide on what to do if served with the Justice Abang’s judgment.
Dazang said: “Even though the Commission has been served the Port Harcourt High Court judgment, it is yet to be served the Abuja High Court judgment by Justice Abang.
“As soon as it (the Commission) is served the Abuja High Court judgment, it will take a decision. In the meantime, and following the Port Harcourt judgment, our monitoring staff are on standby.”
Port Harcourt Div gives go-ahead
We’re on standby – INEC
By Emeka Nze, Vivian Ojekeme, Abuja and Iyalla Adaye, Port Harcourt
As the Senator Ahmed Mohammed Makarfi-led caretaker committee of the Peoples Democratic
Party, yesterday finalised arrangement for the party’s National Convention in Port Harcourt, Rivers state, holding today, the embattled former National Chairman of the party, Senator Ali Modu Sheriff, has accused some judges of the Federal High Court of foul play in the whole saga.
Sheriff, who called on the Chief Justice of Nigeria , Justice Mohammed Mahmood to bring the ‘erring judges’ to book, specifically pointed accusing fingers at some judges in the Port Harcourt Division of the FHC.
His call came against the backdrop of the ruling by Justice Ibrahim Watila who ordered that the PDP should proceed with the convention, as against that by Justice Okon Abang of the Abuja Division which stopped the event from holding.
And the Independent National Electoral Commission has agreed to abide by Justice Watila’s order, saying its men were on standby in Port Harcourt to observe the convention.
Addressing
journalists yesterday in Abuja, a visibly furious Sheriff who described
the affected judges as “bad eggs,” expressed shock at the Monday
interlocutory order of the FHC, Port Harcourt which validated the
convention in total defiance of the ongoing vacation of the judiciaryThe ruling, he said, had vindicated President Muhammadu Buhari’s position that the judiciary was the greatest headache of his administration.
Warning that the unsavoury situation in the judiciary if not addressed, would lead to anarchy in the country, he threatened to petition the National Judicial Council over the matter and vowed to fight on until he got justice.
“We are calling on the Chief Justice of Nigeria, to look into the Port Harcourt Division of this judiciary; otherwise, they will bring anarchy into this country. The irony of it is that Liman is the most senior administrative judge there. So, what he did before, is asking another judge to repeat the same because he is the senior judge. So, this Justice Ibrahim Watila is available to be used.
“I think all of us listened to the President of the nation, complaining about judiciary. Our judges in the Supreme Court are first class; our judges at Court of Appeal are second to none. All the problem of Nigeria is few judges in the Federal High Courts.
“Urgent attention is needed to be taken by the CJN, Chief Judge of the Federal High Court and the Judicial Service Commission. Unless those kinds of people are removed completely, Nigeria will have problem.”
A visibly enraged Sheriff insisted that any attempt to hold the convention was illegal and unacceptable, maintaining that he was elected by the National Executive Committee (NEC) and would remain in office till 2018.
“But the truth about it is that whatever they do is illegal, unacceptable and we will continue. I will not recognise any of these gatherings. I will pursue the rule of law until justice is done. This party is for Nigerians. I am ready today, tomorrow if justice will be done, if elections are conducted in Abuja.
“If people are allowed to choose who they want as leaders; I will be prepared to hand over to that person. But unless and until we do that, I have the right; I have been elected by the NEC for specific period of time. That period will not finish until 2018. But I am ready to go
tomorrow, let this party not be taken over by one person. We cannot allow it,” he said.
Meanwhile, the FHC Port Harcourt Division has declared the Makarfi-led interim execos as the one with the executive authority in all matters concerning the party.
Delivering a judgment on Suit Number FHC/PH /CS /585/2016, between Senator Ben Obi for himself and other members of the National Planning Committee of the PDP, and the Inspector-General of Police, the Commissioner of Police, Rivers State, State Security Service, and the INEC Justice Watila ordered the Police, DSS and INEC to play their statutory role in the convention.
“It is necessary for the defendants to carry out their respective functions at the 17th August, 2016,” he ruled.
The court declared that its judgment of 4th July, 2016 remains valid until set aside by a competent jurisdiction, which in this case is the Court of Appeal.
The court stressed that all the defendants are clearly and without dispute bound to obey the judgment.
“This court will not shy away from protecting the sanctity of its judgment. The court has held that the appointment of the PDP National Caretaker Committee is valid “, he said.
Justice Watila stated: “In view of the subsisting judgment of this Honourable Court in Suit No: FHC/PH /CS /524/2016, PDP V. Senator Ali-Modu Sheriff and others, the defendants cannot lawfully interfere or prevent the Plaintiff from organising /holding the Planned National Convention of the PDP to hold in Port Harcourt on August 17th 2016.”
In granting the originating summons, Justice Watila declared that the defendants were duly served all the processes of the suit filed by the Secretary of the National Caretaker Committee, but chose not to contest the facts.
Justice Watila stated that court records indicated that the proceedings and order of 10th August, 2016 and the interlocutory injunction of 15th August, 2016 were served on the defendants with proof of service.
Addressing journalists after the judgment, Counsel to Senator Ben Obi, Barrister Dejo Lamikanra (SAN) said the ruling gives effect to the Judgment of 4th July, 2016 of the Federal High Court.
Lamikanra (SAN) said: “There is only one judgment with regards to the validity of the convention which held on the 21st of May in Port Harcourt and that judgment is the judgment of the Federal High Court in Port Harcourt given on the 4th of July. That judgment is final and it has completely determined questions on the validity of the convention and the validity of the decisions of that convention.
“A ruling or an opinion of a court of coordinate jurisdiction which suggests anything else must be discountenanced. It is only the Court of Appeal that can set aside the judgment of the Federal High Court. ”
In a counter judgment, Justice Abang of the Abuja FHC issued an interlocutory
injunction restraining the party from holding the convention until a substantive application
before it is determined.
The court also directed the Inspector General of Police, Ibrahim Idris, to ensure the convention does not hold and ensure compliance.
Justice Abang, while giving the ruling, warned that parties in the ongoing tussle for the leadership of the PDP, who go against the decision of the court, should be ready for punishment.
While giving ruling in a motion on notice filed by Sheriff against the convention,
Justice Abang also barred the party from presenting, and recognizing anybody as the chairman of the party.
In the ruling, Justice Abang also ordered the police to enforce his order stopping the planned convention.
In the same vein, the judge directed Sherriff to obtain and fill form 48 so as to commit anybody or group who may commit contempt of the court to prison.
The judge also chastised his learned brother, Justice Watila for dabbling into the PDP matter in spite of the subsisting one in Abuja.
He further stated that the Port Harcourt Division would have done well if he had referred the suit filed by Obi to the Chief Judge of the Federal High Court, for a directive instead of assuming jurisdiction the way the judge did, saying the Port Harcourt Division has set the stage for a legal combat to decide which of the decisions should be obeyed.
He explained that the Abuja Division of the court was not struggling with the Port Harcourt Division for jurisdiction, arguing that the Port Harcourt Division should not have assumed jurisdiction because the Supreme Court had made it clear that when a situation like this arises, a judge should consult with the Chief Judge before taking any step.
“If my brother knows the Supreme Court’s decision, he would not have assumed jurisdiction.
“The Port Harcourt Division Court, cannot overrule me. Any party or person that fails to comply with my decision would have himself to blame, “he insisted.
On a member of the PDP’s disparaging remarks, Justice Abang, described his conduct as an act of indiscipline, saying “any person scandalizing the court of law is breaking the bridge, he would crash one day. I have various legal steps to bring him to book, but I would not do so for now.”
But the INEC has chosen to be on standby waiting for the next line of action, explained the commission’s Deputy Director on Publicity and Voter Education, Mr. Nick Dazang.
Dazang, who spoke in a telephone conversation with one of our reporters yesterday, stated that while the commission was yet to be served with the Abuja judgment, it had already received that of Port Harcourt in favour of the convention.
He noted that the commission would decide on what to do if served with the Justice Abang’s judgment.
Dazang said: “Even though the Commission has been served the Port Harcourt High Court judgment, it is yet to be served the Abuja High Court judgment by Justice Abang.
“As soon as it (the Commission) is served the Abuja High Court judgment, it will take a decision. In the meantime, and following the Port Harcourt judgment, our monitoring staff are on standby.”