Justice Okon Abang, in his ruling yesterday barred the
Makarfi-led caretaker committee from exercising any authority or taking
any decision on behalf of the PDP.
According to Justice Okon Abang, only actions and decisions made by the Sheriff-led leadership are lawful and binding.
He,
however, said that although he has the powers to nullify the ruling of
the Port Harcourt division of the Federal High Court, which recognized
the Makarfi-led leadership, he would not do so because there is no
application to that effect before him. Hence he would allow the Court of Appeal to do justice to that.
The
court held that the convention held in Port-Harcourt on May 20, was
held in violation of the two court orders of the Lagos division of the
Federal High Court which barred the PDP and INEC from holding the
convention.
Justice Okon Abang thereafter, in his ruling barred the
Makarfi-led caretaker committee from exercising any authority or taking
any decision on behalf of the PDP henceforth on account of been an
illegal body.
According to Justice Abang, the Makarfi-led group
missed their way to Port Harcourt to obtain a judgement from a division
of the Federal High Court which is a court of co-ordinate jurisdiction
to that of Lagos to obtain a favorable judgement.
In a swift reaction, the Markafi-led committee released a press statement to question the ruling of Justice Abang.
Press Statement released by the Markafi-led CommitteeNational Convention still holds on 17 August, 2016...Justice Abang Determined to Derail Democracy In Nigeria - PDP
1. The Ruling of a Federal High Court in Abuja on Thursday July 28, 2016, presided over by controversial, Justice Okon Abang describing it as objectionable, questionable and very strange to say the least in the history of Nigeria Judiciary.
2. we have just received information that Justice Abang of the Federal High Court in Abuja has granted an Order of Interlocutory Injuction stopping our scheduled National Convention in Port Harcourt, Rivers State, but we want to state that the judgement of the 4th of July, 2016 supersedes any Ex-Parte Order of Interlocutory Injuctions. So our National Convention will hold as scheduled in Port Harcourt, Rivers State.
3. What Justice Okon Akpan did today is to seat on an appeal over the Court of Competent Jurisdiction and that's what makes his interlocutory order very strange. The judgement of the Federal High Court in Port Harcourt was very clear that the National Caretaker Committee was duly constituted and recognized; and in line with that, the scheduled National Convention for August 17, 2016 still holds.
4. Let Nigerians recall the 2 judgements before the Port Harcourt Judgement, declared that Senator Sheriff is not qualified to be Chairman given that the PDP Constitution 2014 which he claimed brought him to power is not in existence and therefore, null and void.
5. The PDP wants Nigerians to know that Justice Okon Abang is deliberately engaging in acts of derailing the Country's democracy given the fact that his court is not an Appeal court that can set aside any Judgement. Justice Abang has penchant for abuse of court processes and actions of legal impunity.
6. This Judge Nigerians will recall, issued Judgement against Governor of Abia State that led to INEC re-issuing Certificate of Return to a man who did not contest election thereby causing unnecessary hardship on the people of the state.
7. He also issued an Order to INEC to recognize Senator Sheriff's candidates in Edo and Ondo states before they could even plan their purported congress in Edo.
8. In today's Case, same Judge out rightly denied the PDP representation in Court which is unheard of by serving Plaintiff (Sheriff & Co.) who instituted the Case also as PDP (defendants). His excesses are extremely absurd, strange and unbecoming of a Judge who enjoys putting the Judiciary on the spot.
9. We, bring this matter before the highest level of Judiciary in the Country to stop this Judge forthwith from waging war against the PDP.
10. We are equally calling on Nigerians and the international community to compel Nigeria Judiciary to address Justice Abang's excesses before he kills our hard earned democracy.
11. However, the Party is law abiding and therefore, will apply for Stay of Execution of this Order and also Appeal it.
12. Finally, the Party calls on all its members and teaming supporters nationwide to remain calm and law abiding and be rest assured that the National Convention will hold as scheduled and all preparation towards the August 17, 2016 National Convention remains the sameSigned:Prince Dayo AdeyeyeMember, National Caretaker CommitteeFor: Publicity
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