PDP LEADERSHIP TUSSLE; A CASE OF CONFLICTING HIGH COURT DECISIONS

The controversial nature of many things in Nigeria which is characteristic of its politics, which though has been said to exist in the judiciary, seems to have assumed a new dimension in the court system. It is trite in law that a court cannot overrule the decision of another court of coordinate jurisdiction. We all know that if a party is not satisfied with any decision of a particular court, the option that is available to him is to appeal that decision at a court with appellate jurisdiction over the court of first instance. For instance, a decision of the high court is to be appealed at the court of appeal under Section 240 of the Constitution of the Federal Republic of Nigeria 1999 (CFRN 1999).

The recent leadership struggle of the People's Democratic Party (PDP) has left the courts in disarray. There have been Federal high court orders sacking a factional chairman, Ali Modu Sheriff and affirming the chairmanship of Ahmed Makarfi. There have also been orders from the same Federal high court (though in a different division) affirming Sheriff's chairmanship of the PDP and sacking Ahmed Makarfi as chairman. These orders have been contradictory and shows that one court has been entertaining "appeals" from a Court of coordinate jurisdiction. The right thing to do would have been to follow the first decision of the Federal high court. To know which decision came first, let us look at the timeline of the various events so far.

May 12- Judge Ibrahim Buba of the Federal High Court in Lagos restrained the PDP from holding elections into offices of the national chairman, national secretary, and national auditor pending the determination of a suit before him.

May 21- The PDP went ahead and "appointed" members to fill in the said positions in its National Convention. The chairman appointed was Makarfi.

May 24- Judge Ibrahim Buba sacked the Makarfi-led caretaker committee because it was appointed contrary to his May 12 restraining order.

May 24- The Federal High Court restrained Sheriff from parading himself as PDP Chairman, validated the Convention and ordered INEC to recognize Makarfi as the valid chairman of the PDP (This is tantamount to overruling Judge Ibrahim Buba).

June 29- Judge Valentine Ashi of the FCT High Court in Abuja nullified Sheriff's chairmanship on the grounds that the process that brought him in was illegal.

July 4- Judge Mohammed Liman of the Federal High Court in Port Harcourt affirmed Sheriff's removal, stating that the May 21 convention was in order (this is like overruling Judge Buba).

July 8- The Chief Judge of the Federal High Court, Ibrahim Auta, directed all judges of the Federal High Court to stay clear of any matter concerning the PDP crisis pending the determination of appeals before the appellate court.

July 28- Judge For the PDP, Appeal or secure a stay of execution or an order vacating the unfavorable High Court ruling Okon Abang of the Federal High Court in Abuja sacked Makarfi as PDP chairman on the grounds that the July 4 judgment of Judge Liman could not overrule the May 12 restraining order because both courts are of coordinate jurisdiction.

August 16- Judge Watila For the PDP, Appeal or secure a stay of execution or an order vacating the unfavorable High Court rulingof the Federal High Court in Port Harcourt affirmed the legitimacy of the Makarfi-led faction and ordered INEC, the Police Force, and all other relevant agencies to be present at the PDP Convention slated for August 17.

August 16- Judge Okon Abang orders that the PDP National Convention should not hold. He equally ordered all relevant agencies to stay clear of the convention.

August 17- The convention held and extended the life of the Makarfi caretaker committee.

August 17- FCT High Court sacks Sheriff based on the June 29 order of the same court.

Going by the order of things, it is clear that the PDP should not have gone ahead with its convention in disobedience to Judge Buba's order in the first place. Judge Valentine Ashi's ruling had in no way validated Makarfi's chairmanship nor the convention. Neither had it set aside Judge Buba's ruling. I believe it was valid as it sacked Sheriff not because of anything relating to the convention, but due to procedural flaws, though it came at a questionable time because it would affect the status quo which Judge Buba wanted to be maintained. Same applies to the FCT High Court's decision on August 17. I think the decision should have been delayed. Judge Liman's July 4 decision is one that was clearly ultra vires. It amounted to overruling a decision of a court of coordinate jurisdiction. He should have declined jurisdiction and asked parties to head to the Court of Appeal. Judge Abang's July 28 decision, to me, is sound. However, it was a display of double standard because he criticized a court for overruling another court with coordinate jurisdiction whereas that was exactly what he was doing by insisting that Makarfi remained sacked rather than ask both parties to go on appeal. His decision even went against the directive of the Chief Judge of the Federal High Court asking Federal High Court judges not to entertain such matters pending the determination of those appeals. The two August 16 decisions are controversial. Judge Abang was obviously following up on his earlier ruling which should not be allowed to stand for reasons earlier stated. Neither should that of Judge Watila. In all, the only decision that should stand right now, in my opinion, is that of Judge Buba. Therefore, the convention of August 17 should not have held, Sheriff should still be the chairman, and all the fruits of the May 21 Convention including the emergence of Makarfi and the activities carried out under him should be voided. This is because, as Judge Abang put it, "...the Port Harcourt division of this court cannot make an order to neutralise the potency of the Lagos Division of this court (Federal High Court)..." He added "That order is still subsisting". For the Makarfi-led faction of the PDP, the option should be to appeal or secure a stay of execution or an order vacating the unfavorable High Court ruling.

Unfortunately, what we have now is that the parties are choosing to follow what decision to that suits them. This is indeed bad, both for the judiciary and for Nigerians who look up to the party to provide a veritable opposition. As it stands we all have to wait for the Court of Appeal to decide on this matter for us to have one clear position of things. Hopefully there won't be conflicting judgments from that court too. In addition to that, the National Judicial Council should look into this matter and take proactive measures (including sanctioning judges where necessary) in order to ensure that such an ugly situation does not repeat itself.

PATRICK OMODIA.

In other words , you are saying?