BREAKING: Supreme Court Throws Out Sheriff’s Application

Photo Credit: MLERE

An application filed by Ali Modu Sheriff, the national chairman of the Peoples Democratic Party (PDP), to stop the hearing of Ahmed Makarfi’s appeal, has been struck out by the Supreme Court.

Sheriff had filed the application in an attempt to stop Makarfi from challenging the judgement delivered by the Port Harcourt division of the Appeal Court, where the former was affirmed as chairman of the PDP.

At the hearing which held today (Monday), Sheriff’s counsel, Akin Olujimi accused the counsel to Makarfi, Wole Olanipekun, of abusing the court by using two processes to sustain his appeal.

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Olujimi therefore urged the court to thwart Sheriff’s appeal on the grounds that Makarfi’s counsel did not apply for leave on 20 out 24 of his arguments.

“This constitutes and abuse of court of processes. He is using two different processes to sustain his appeal,” Olujimi said.

Makarfi’s counsel, on the other hand, urged the court to allow his appeal to challenge Sheriff’s earlier victory.

“I urge your lordships to discountenace all that he has said, saying we did not seek leave for our grounds. He is the one abusing court processes,” he said.

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“Our appeal was dated April 27 and the judgement of the court of appeal was dated February 17. According to the supreme court rule, we have three months. Why will we be asking for leave for time when we were within time. Application for leave to appeal is also an appeal.”

The Chief justice of Nigeria (CJN), Justice Walter Onnoghen, after hearing both sides allowed Makarfi’s appeal.

“In this circumstance, we find merit in the appeal which is accordingly granted,” Onnoghen said

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