From Godwin Tsa, Abuja

The drama occasioned by the  leadership tussle in the opposition Peoples Democratic Party (PDP) played out at the Supreme Court yesterday, where two Senior Advocates of Nigeria (SAN) announced appearances for the embattled political party.

This is coming at a time attempts by the National Chairman of the PDP, Alhaji Ali Modu Sheriff, to  terminate the appeal filed by the Caretaket Committee chairman, Alhaji Ahmed Makarfi  suffered a major set back.

The appeal is challenging the decision of Court of Appeal, who sat in Port Harcourt division, to recognise  Sheriff as the National Chairman of the party.

After failing to knock down the appeal, Sheriff, through his lawyers, Chief Lateef Fagbemi (SAN), and Chief Akin Olujimi (SAN), asked for adjournment  to enable him respond to the counter-affidavit filed by Kanu Agabi (SAN), counsel to Makarfi’s faction of the party.

The presiding Justice, Justice Tanko Mohammed, consequently adjourned  hearing of the application for withdrawal of the notice of appeal to May 4, 2017.

Earlier, a drama had played out, as  Agabi announced   appearance for the appellants, but Fagbemi, who also announced appearance for respondent/applicant, told the court he had the authority of the PDP, through a letter signed by Sheriff and Oladipo, to terminate the appeal.

After identifying the processes filed in respect of the appeal, Fagbemi urged the court to take the application, seeking to terminate the appeal first. He said it would amount to wasting the time of the court to take any other motion, particularly, the appellant’s motion, seeking for abridgement of time for respondents to file their responses.

Both Fagbemi and Olujimi later agreed with the panel that there was an appeal before the court. They also agreed that until the court ruled otherwise, it was not proper for them to insist that there was no appeal before the court.

In moving his motion for abridgement of time, Agabi  said that the application was supported by a 12-paragraph affidavit and urged  the court to depart from the rule and abridge the time for the respondents to respond to the appeal.

Fagbemi and Olujimi  did not file any process, challenging Agabi’s motion, but relied on their applications, seeking to terminate the appeal.

Counsel representing the Independent National Electoral Commission (INEC), Nelson Anih, did not oppose the motion.

In an unanimous ruling, the five-man panel of justices granted the motion for abridgement of time. Consequently, the court ordered Sheriff and Oladipo to file their responses within 24 hours and 48 hours respectively.

The appeal, with number SC133/ 2017, was filed on February 27, 2017, in the name of the PDP by the Makarfi-led caretaker committee to challenge the February 17, 2017 judgment of the Port Harcourt Division of the Court of Appeal, which affirmed the Sheriff- led executive as the authentic leadership of the party .

In their motion to discontinue the appeal before the Supreme Court, Sheriff and his National Secretary, Prof. Wale Oladipo, argued, among others, that no grounds of law supported the appeal.

The motion was filed at the Supreme Court on March 16, 2017 .

Filed through Olujinmi, the motion stated that more importantly, by virtue of the Court of Appeal’s judgment, Makarfi and other members of his faction were not the alter ego of the party and such were incompetent to institute any legal process in the name of the party .

It stated that Makarfi, Senator Ben  Obi and Adeyeye could not continue to act in any capacity as the representatives of the party.