The court of appeal has upheld the caretaker committee of the Peoples
Democratic Party (PDP) under the leadership of Ahmed Makarfi, describing
the faction led by Ali Modu Sheriff as illegal.
In a judgement
on Wednesday, the panel of judges led by Ibrahim Saulawa, set aside the
ruling of Okon Abang, a judge of the federal high court Abuja, who
declared Makarfi’s faction as “illegal”.
In a ruling on June 29,
Abang ordered the Independent National Electoral Commission (INEC) not
to recognise any candidate from the Markafi faction.
The judge
held that there were two subsisting court orders which recognised Ali
Modu Sheriff-led
PDP as the authentic representation of the party.
He
said that the Makarfi faction only ran to get another ruling after two
orders that favoured Sheriff had been given by the court.
However at
the appellate court on Wednesday, the three-man panel of judges, while
setting aside the judgement described Abang’s ruling as “displaced, most
troubling decision of the lower court.”
“It is a gross abuse of section 36 (1) of the constitution, particularly the right to fair hearing,” the panel of judges held.
The
panel of judges said while it was unfair that the Makarfi faction of
the PDP was not heard at the lower court, the judge did not have the
grounds to which he made his ruling on.
Furthermore, the judges said “what was done at the lower court was a charade and a fraud”.
The
Makarfi-led faction was recognised by the law and consequently, INEC,
at the Edo state gubernatorial election, and most recently, for the Ondo
governorship election.
Source: TheCable.ng
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