The Senator Ahmed Makarfi-led faction of the Peoples Democratic Party (PDP), has asked the Abuja Division of the Court of Appeal to vacate the order stopping it from going ahead with the planned National Convention of the party scheduled for today.
Already, the group has applied for stay of execution of the interim order of injunction that Justice Okon Abang of the Federal High Court in Abuja issued against them on Monday.
Abang had ordered the Markafi-led National Working Committee (NWC), of the PDP to suspend the Convention which is billed to hold in Port Harcourt, pending the determination of an interlocutory motion the Ali Modu Sheriff faction of the party filed before the court.
Meanwhile, at the resumed hearing of the suit, yesterday, Markafi and six other members of the PDP NWC, informed Abang that they have already taken the matter before the Court of Appeal.
Markafi and the others, who are 3rd to 9th defendants in the matter, told the court through their lawyer, Mr. Ferdinand Orbih, SAN, that their notice of appeal was dated August 15.
Besides, they also filed an application challenging the jurisdiction of Abang to continue presiding over the matter.
“Most especially, my Lord, we are challenging the interim order of injunction restraining the holding of the 2nd defendant’s convention”, Orbih, SAN, added.
Nevertheless, Abang stressed that none of the applications have been transmitted to his court by the registry.
Even though Sheriff’s lawyer, Chief Niyi Akintola, SAN, did not oppose Orbih’s plea for a stand down of the matter to enable him fetch the processes from central registry of the court, Abang, in a bench ruling, rejected the request.
The judge said he was only bound by processes before him, noting however that ordinarily, issue bordering on jurisdiction of the court ought to be resolved first.
“It is not the duty of the court to descend into the arena to assist any party”, Abang held, saying he would not take any of the processes into consideration since they were not in his file.
He said the 3rd to 9th defendants violently violated an order he made on July 28, by allowing Senator Obi to “slap the face of the court” when he secretly obtained an ex-parte order from another court despite the pendency of the suit.
Specifically, Sheriff and eight others had approached the court, praying it to stop the proposed National Convention of the party.
Other plaintiffs behind the suit are Prof. Wale Oladapo (National Secretary); Dennis Alonge-Niyi (Deputy National Youth Leader); Alhaji Bashir Maidugu (Deputy National Legal Adviser); Mrs. Hanatu Ulam (Deputy National Women Leader); Alhaji Lawal Dutsima Anchi (Deputy National Auditor); Chief Okey Nnadozie (Deputy National Organising Secretary) and Chief Olisa Metuh (National Publicity Secretary).
The plaintiffs are contending that allowing the Makarfi-led faction to proceed with the convention would affect the ‘Res’ of the substantive suit they filed on July 4, wherein they are contending that their tenure in office ought to expire in 2018.
The plaintiffs said they filed the suit marked FHC/ABJ/CS/464/2016, for themselves and on behalf of the Executive Committee/National Working Committee of the PDP.
Though only PDP and the Independent National Electoral Commission (INEC), were initially cited as defendants in the case, however, despite opposition from the Sheriff-led faction, Abang, on Monday, joined Makarfi and six others as defendants in the suit.
Aside Makarfi, those allowed into the matter as 4th to 9th defendants were Senator Ben Obi, Odion Ugbesia, Abdul Ningi, Kabiru Usman, Dayo Adeyeye and Aisha Aliyu. Justice Abang joined them shortly after he issued the interim order of injunction suspending the planned national convention of the party.
However, the court is yet to commence hearing on the plaintiffs’ motion for interim injunction against the convention.
Remarkably, another division of the High Court in Port Harcourt had on Monday, okayed the convention.
The court presided over by Justice Ibrahim Watila not only directed INEC to monitor the convention, it also ordered relevant security agencies in the country to provide security to the delegates.
However, One of the aspirants seeking to emerge as the new spokesperson of the Peoples Democratic Party (PDP), Kabir Usman, a lawyer, has said that the order given by an Abuja Federal High Court postponing the party’s national convention is ineffective.
The Tide recalls that Justice Okon Abang of the Federal High Court, Abuja, had on Monday granted an interim order suspending the August 17 National Convention in Port Harcourt, Rivers State, pending the determination of the application filed before him on July 20.
The judge gave the order after a lawyer representing the Senator Ali Modu Sheriff-led faction had informed him that the Senator Ahmed Makarfi-led faction’s National Secretary, Senator Ben Obi, had approached the Port Harcourt division of the Federal High Court to obtain an interim injunction.
The Federal High Court, Port Harcourt’s injunction had compelled the Independent National Electoral Commission (INEC) and security agencies to take part in the convention.
However, Kabir, yesterday, said that the Port Harcourt order was “very specific and was given last week” while, the Abuja order was given only on Monday.
“Monday’s ruling was intolerable and unacceptable and cannot stand. It is the misconduct of the highest order,” he said.
The Makarfi faction had already said it would go ahead with the convention in line with the ruling of the Federal High Court, Port Harcourt.
Kabir, who served as the head of the legal unit of the Makarfi faction’s caretaker committee before he resigned to run for election, said that anyone opposed to the Port Harcourt court ruling has a right to go on appeal and “not a court of equal jurisdiction.
“In any case, everybody is in Port Harcourt already, so who are they going to serve? We only read about the order in the pages of newspapers,” he said.
On his chances in the election, Kabir said he was sure of emerging victorious after he was endorsed by the northern caucus of the party.
He is from Kogi State, in North-Central Nigeria.
Meanwhile, the Rivers State  Police Command said yesterday  that it had made adequate security arrangements for the National Convention of the Peoples Democratic Party (PDP).
Public Relations Officer of the command, Mr. Nnamdi Omoni told newsme in Port Harcourt that the command had carried out necessary deployments for the convention.
“ The command is prepared for the convention; necessary deployments have been carried out and we are prepared for the convention,” he said.
Omoni said the command had made arrangements to protect lives and property in the state while the convention was on.
“ Remember, that there are other Nigerians living in the state.
“The command is aware of this fact and will provide security for all including those attending the convention and others living in the state,” he said.
The spokesman however declined to disclose the number of police personnel deployed for the convention.
Meanwhile, Sharks Stadium, Port Harcourt, venue of the convention, is now wearing a new look.
Our Correspondent who visited the stadium, reports that workers were seen putting finishing touches to the podium and spectators stand.
Security was also tight as policemen and other security officials were seen screening people entering the stadium.
Some officials of the PDP were also seen at the venue inspecting final preparations by various committees charged with organising the convention.