Again, Court Affirms Sheriff's Ouster

Abuja Court Affirms Sheriff’s Ouster

As the PDP licked its wounds over the absence of elections at its convention, some relief might have come its way, when Justice Nwamaka Ogbonna of a High Court of the Federal Capital Territory in no uncertain terms told Senator Sherrif that he is illegally parading himself as the chairman of the PDP.
The court told Sheriff to stop parading himself as chairman and to stop acting on behalf of the party as chairman.
The suit seeking declaration on Sheriff’s status was instituted by a contestant to the position of the youth leader at yesterday’ convention, Danladi Ayuba, while the sole defendant was 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 judgment, Justice Ogbonna said based on the judgment of Justice Valentine Ashi of the same court on June 26, 2016, which upheld Sheriff’s ouster and had not been appealed against at the Court of Appeal, all actions taken since June 26th were a nullity.
“There is no evidence that the judgment of Ashi J. has been appealed against. Therefore the judgment, which is a declarative one, must be obeyed.
“Anything done contrary to the judgment of Ashi J. delivered on June 26th is null and void and of no effect. The judgment 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 judgment of Justice Valentine Ashi delivered on June 26 which nullified the purported amendment of the provisions of Article 47(6) of the constitution of the PDP 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 judgment of Justice Valentine Ashi was binding, valid and subsisting.

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