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HomeNewsYou are parading yourself illegally as PDP chairman, Court tells Sheriff

You are parading yourself illegally as PDP chairman, Court tells Sheriff

Justice Nwamaka Ogbonna of a High Court of the Federal Capital ‎Territory has told the factional Chairman of the Peoples Democratic Party, Senator Ali Modu Sheriff, that he is illegally parading himself as the chairman of the party.

The court told Sheriff to cease to parade himself and act on behalf of the party as chairman.
The suit was filed by a contestant to the position of the youth leader in Wednesday’s aborted National Convention, Danladi Ayuba, while the sole defendant is Sheriff.
When the case was mentioned, no counsel appeared for Sheriff.
The plaintiff however presented to the court the proof of service of the court process on Sheriff.

In her judgement, Justice Ogbonna said based on the judgement of Justice Valentine Ashi of the same court, which sacked Sheriff on June 26, 2016, which has not been appealed against at the Court of Appeal, all the action taken so far since June 26 have become a nullity.
She held: “There is no evidence that the judgement of Ashi J has been appealed against.
“Therefore, the judgement, which is a declarative one, must be obeyed.

“Anything done contrary to the judgement of Ashi J. delivered on June 26th in null and void and of no effect‎.

“The judgement of Ashi J having not been appealed against subsists and is binding.”
In the suit, which was heard on Monday, 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 purported 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.

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The plaintiff however wants the court to declare that the judgement of Justice Valentine Ashi is binding, valid an 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 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 Valentine 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.

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