SAN FRANCISCO, November 23, (THEWILL) – The Court of Appeal has described the Peoples Democratic Party (PDP) faction led by Ali Modu Sheriff as illegal and upheld the caretaker committee of the party under the leadership of Ahmed Makarfi.
In a judgement delivered on Wednesday, the panel of judges led by Ibrahim Saulawa, set aside the ruling of Justice Okon Abang, of the federal high court Abuja, who had declared Makarfi’s faction as illegal.
Abang, in a ruling on June 29, ordered the Independent National Electoral Commission (INEC) not to recognise any candidate from the Markafi faction saying that there were two court orders which recognised Ali Modu Sheriffled PDP as the authentic representation of the party.
However at the appellate court on Wednesday, the panel of judges, while setting aside the judgement described Abang’s ruling as displaced, most troubling decision of the lower court and an abuse to fair hearing.
“It is a gross abuse of section 36 (1) of the constitution, particularly the right to fair hearing,” the three-man panel of judges held.
“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.
“What was done at the lower court was a charade and a fraud.”
Story by Oputah David
