PDP Crisis: Supreme Court Crushes Sheriff’s Application to Nullify Makarfi’s AppealFeatured, Latest News, News Monday, May 22nd, 2017
ABUJA, NIGERIA (AFRICAN EXAMINER) – The Supreme Court on Monday struck out the Ali Bonu-Sheriff faction of the opposition PDP’s application requesting to quash the appeal before it filed by the rival faction, headed by Senator Ahmed Makarfi.
Makarfi’s faction had lost February 17, 2017 at the Appeal Court Port Harcourt division, which validated Bonu-Sheriff faction as the legally recognized PDP, hence, the current apex court appeal by the former faction.
Counsel to Bonu-Sheriff, Akin Olujimi (SAN), argued that the application of appellant was an abuse of court process, as he was expected to have requested for the leave of court before filling his application. Mr. Olujimi therefore prayed the court to dismiss the application.
Chief Wole Olanipekun (SAN) who is the Counsel to Makarfi’s faction countered and prayed the court to dismiss Olujimi’s application contending that it has no ground.
The head of a five-man panel and Chief Justice of Nigeria (CJN) Mr. Walter Onnoghen, held that the application by Makarfi was valid since it was complied with the apex court rules.
CJN held that the Supreme Court Rule provides that, an application challenging a decision of a lower court ought to have come within three months after the ruling of the lower court.
Onnoghen indicated apex court had taken note that Bonu-Sheriff-Makarfi suit was decided by the lower court (Appeal Court) in February, while the motion for appeal at the Supreme Court was filed less than three months after the ruling.
Consequently, Onnoghen in a unanimous ruling struck out Bonu-Sheriff parallel appeal, now leaving for hearing the substantive suit – who between the two factional heads is the authentic PDP National Leader.
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