The Supreme Court, Monday, dismissed the application filed by the factional National Chairman of the Peoples Democratic Party, PDP, Senator Modu Sheriff, against his rival, Senator Ahmed Makarfi, wherein he prayed the court to stop the Supreme Court from hearing the appeal earlier filed by Senator Makarfi on March 16, challenging the February 27 ruling of the Court of Appeal in Port Harcourt, which declared him, Sheriff, as the legitimate National Chairman of the party.
Sheriff had filed the application on March 21.
At the opening of the hearing on Monday, Mr. Sheriff’s lawyer, Akin Olujimi, said the application was an abuse of court process because Mr. Makarfi ought to have requested the leave of court before making the application.
Sheriff had argued that the Makarfi’s faction was not recognised by the party and that he (Sheriff) as the legitimate chairman did not authorise anyone to file an appeal on behalf of the party.
Mr. Olujimi prayed the court to dismiss the application.
Responding, Mr. Makarfi’s lawyer, Wale Olanikpekun, prayed the court to disregard the argument of Mr. Olujimi, describing them as baseless.
But the Supreme Court in its ruling read by the Chief Justice of the Federation, Justice Walter Onnoghen, said, according to the laws of the apex court, appeals must be filed within three months after the appeal court ruling and the application in question was so filed and as such is deemed filed.
He therefore gave a unanimous ruling in favour of the Makarfi faction, and awarded an unstated cost against the faction led by Mr. Sheriff.