The fretting in the camp of Ali Modu Sheriff leadership of the Peoples Democratic Party (PDP) was palpable in Abuja on Monday even as members began re-strategising on how to react to what the group considers a foreboding judgment of the Supreme Court that may sack it soon.
Monday, the court discountenanced an application by Ali Modu Sheriff, asking it not to entertain the appeal of Ahmed Makarfi, national caretaker chairman. Makarfi is appealling a Portharcourt appeal court judgment that declared Sheriff the bona fide chairman of the party.
The five-man justices led by Walter Onnoghen, Chief Justice of Nigeria (CJN), allowed Makarfi appeal and said it would soon deliver judgment on the substantive appeal.
“In this circumstance, we find merit in the appeal which is accordingly granted,” Onnoghen said
Akin Olujimi SAN representing Sheriff, said Wole Olanipekun (SAN), counsel to Markafi, ran foul of the law by using two processes to sustain his appeal.
Olujimi pleaded with the court not to allow the appeal, because Olanipekun did not apply for leave on some 20 out 24 grounds of arguments.
“This constitutes and abuse of court of processes. He is using two different processes to sustain his appeal,” he stated.
Olanipekun, however, said: “I urge your lordships to discountenace all that he has said, saying we did not seek leave for our grounds. He is the one abusing court processes,” he said.
“Our appeal was dated April 27 and the judgement of the court of appeal was dated February 17. According to the Supreme Cuurt rule, we have three months. Why will we be asking for leave for time when we were within time. Application for leave to appeal is also an appeal.”