Less than two months after Justice Valentine Ashi of an Abuja High Court ordered Senator Ali Modu Sheriff to stop parading himself as the National Chairman of the Peoples Democratic Party (PDP), a similar judgement was given against him on Wednesday.
Justice Nwamaka Ogbonna of a High Court of the Federal Capital Territory (FCT) told the embattled politician that he is illegally parading himself as chairman of the party.
The court told Sheriff to cease parading himself and acting on behalf of the party as chairman.
To Justice Ogbonna, all the actions taken by Sheriff since June 26, 2016 when Justice Ashi told him to stop parading himself as the chairman “are null and void”.
To her, since Sheriff has not appealed Justice Ashi’s verdict, all the actions taken so far since June 26 “have become a nullity”.
The suit was filed by a contestant to the position of the Youth Leader in the national convention of the party, Danladi Ayuba, while the sole defendant is 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.
Justice Ogbonna said: “There is no evidence that the judgement of Justice Ashi has been appealed against, therefore, the judgement, which is a declarative one must be obeyed.
“Anything done contrary to the judgement of Justice Ashi delivered on June 26 is null and void and of no effect. The judgement of Justice Ashi, having not been appealed against, subsists and is binding”, the judge held.
In the suit which was heard two days ago, the plaintiff wants the court to decide, among others, whether having regard to the binding and subsisting judgement of Justice Valentine Ashi delivered on June 29 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 is claiming entitlement to the post of the national chairman of the PDP, the defendant can legally continue to parade himself as the National chairman, act or do anything in the name or on behalf of the PDP.
The plaintiff wants the court to declare that the judgement of Justice Ashi is binding, valid and subsisting.
He also wants 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 is 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 is also praying the court to declare that the act of the defendant in parading himself as the National Chairman of the PDP is unlawful, illegal, null and void and of no effect whatsoever.
Ayuba, in his suit, wants 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 wants the court to give an order that the defendant cannot convene any meeting, conduct any congress or primary for the purposes of nominating the party candidate for any election.
Also, the plaintiff wants the court to give an order setting aside all acts conducted by the defendant after the judgement of Justice Ashi.
He also wants the court to grant an order of perpetual injunction restraining the defendant from parading himself as the National Chairman of the party.
