Party member sues Sherriff for breach of judgement

NATIONAL Chairman of the
Peoples Democratic Party, PDP,
Senator Ali Modu-Sheriff, has been
sued at the Federal High Court,
Lokoja, for allegedly breaching the
judgement of the Court of Appeal
in Port-Harcourt.
The suit number FHC/LKJ/
CS/13/17 filed on Monday
by Suberu Azamare Yakubu, a
member of the PDP from Okene,
has Professor Adewale Oladipo,
PDP and the Independent National
Electoral Commission, INEC, as
defendants.
In an originating summon filed
by Usman O. Sule of U.O.Sule and
Co. (Sumfah Consults), counsel
to the plaintiff, he raised seven
questions for determination and
seven reliefs.
In the originating summon
supported by a 32-paragraph
affidavit, the plaintiff held that the
Court of Appeal, Port-Harcourt
Division, in appeal number
CA/PH/349/2016 delivered on
February 17 ordered parties to
maintain status quo as at May 18,
2016.
Yakubu said in defiance of the
order, the PDP national chairman
went ahead to ‘’handpick’’ Dr Cairo
Ojugboh as the Deputy National
Chairman and Bernard Mikko as
National Publicity Secretary of the
party.
According to the motion, the
national officers so appointed by
sheriff include Alhaji Bala Buhari,
National Treasurer and Alhaji Fatai
Adeyanju, National Auditor.
Among the questions raised for
determination are whether the
action of the national chairman
confers authority on the first,
second and third defendants to
handpick other persons to serve as
members of the national committee
of the party.
Whether the action was not a
breach of the PDP’s constitution
and ‘’outside the context and plain
interpretation of the Appeal Court’s
judgement’’ and whether or not,
the National Working Committee,
NWC, of the party as presently
constituted is in compliance with
the spirit and tenor of the PDP’s
Constitution 2012 (As amended).
It questioned whether the fourth
defendant, INEC, could recognise
the national officers as constituted
with ‘’alien members who were
not part of the National Officers
or National Executive Committee
or the NWC of the party as at May
21, 2016.
The plaintiff is seeking seven
reliefs including a declaration that
the national officers as presently
constituted is a breach of the
February 17 judgement of the Port-
Harcourt Court of Appeal and
therefore, the appointments made,
be declared null, void and alien to
the PDP constitution.
The plaintiff also sought a
declaration that Ojugboh and
Mikko are not national officers
of the party and ‘’cannot validly
organise any national convention
of the PDP’’ and that INEC
should not monitor any national
convention under the national
officers as presently constituted.
He also sought an order of
mandatory injunction restraining
Sherriff, Ojugboh and their allies
or representatives from conducting
any national convention of the
party.