By Baron Ike
The Supreme Court on Monday, May 22 ruled that it has the right to hear the application brought before it in respect of a matter considered by a lower court.
That was the ruling of the Chief Justice of Nigeria (CJN), Justice Walter Onnoghen when he heard the application before the apex court in respect of the ruling of the Appeal Court earlier in the year in Port Harcourt affirming that former governor of Borno State, Ali Modu Sherriff is the chairman of the Peoples Democtratic Party (PDP).
Onnoghen therefore dismissed an application filed by Sheriff-led PDP, asking the Supreme court not to hear a motion by his challenger, Ahmed Makarfi, another former governor of Kaduna State, who was the choice of another PDP faction.
In his application, Sheriff had asked the court to refuse to hear the motion filed by Makarfi, challenging the February 17, 2017 judgement of the Appeal Court in Port Harcourt which pronounced Sheriff leader of the PDP.
When the case came up for hearing on Monday, Sheriff’s lawyer, Akin Olujimi, said the application was an abuse of court process and that Makarfi ought to have requested the leave of court before making the application. Olujimi further prayed the court to dismiss the application.
But in his response, Makarfi’s lawyer, Wole Olanikpekun, asked the apex court to disregard the argument of his learned counsel, describing them as baseless.
However ruling on the application, a five-member panel led by Onnoghen, said the application by Makarfi was valid because it complied with the rules of the Supreme Court.
Onnoghen said by the the Supreme Court rules, an application challenging a decision of a lower court ought to have come within three months after the ruling of the lower court.
He said the apex court had taken note of the fact that the case was decided by the lower court in February, while the motion at the Supreme Court was filed less than three months after the ruling by the lower court.
Consequently, he gave a unanimous ruling in favour of the Makarfi faction, and went ahead to award an unstated cost against the faction led by Sheriff.
Following the ruling, wide jubilation greeted the camp of Markafi as most of the his supporters said the development is sequel to what to come when the matter if final heard.