Appeal Court List Solid Reasons Why Sheriff Was Declared PDP National Chairman
Justice B.G. Sanga, who delivered the lead judgment, said that the PDP failed to follow the provisions of its constitution when it opted to remove Mr. Sheriff and the national working committee.
The judge said the party didn’t pass a vote of no confidence on Mr. Sheriff and his committee as provided by the Article 47(3) of the party constitution, and that the national working committee was not put on notice.
Justice Sanga held that it was an “error” for the lower court presided over by Justice Liman to rule that the appellant, Mr. Sheriff, abused the court process when he postponed the PDP National Convention that was scheduled to take place on May 21, 2016, in Port Harcourt, Rivers State.
The Appeal Court awarded N100,000 cost in favour of Mr. Sheriff.
Another of the Appeal Court judges, Justice A. A. Gumel, dismissed as being incompetent, the preliminary objection filed by the PDP against the suit.
Justice Gumel held that Mr. Sheriff and his executive cannot be removed until August 2017, except the party holds an election.
Justice T.S. Orji-Abadua, who gave a dissenting judgment, held that Mr. Sherriff was only appointed in an acting capacity, pending election.
Justice Orji-Abadua further held that going by Article 33(3) of the PDP Constitution, Mr. Sheriff didn’t have an overriding power against the PDP National Executive Council, and therefore had no right to unilaterally cancel the convention.
She also held that Article 47 of the party constitution did not make it mandatory for it to pass a vote of no confidence before removing its officers.
However, the Party is proceeding immediately to the Supreme Court to file an appeal against the ruling of today’s appeal court judgment,” it said.
Source:Premium Times
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