At the apex court of Nigeria, ‘Supreme Court of Nigeria’ the Hon. Justices of the court struck out an Notice of Appeal application filed by the National Chairman of the Peoples Democratic Party (PDP), Ali Modu Sheriff, praying the apex court for an order to dismiss the appeal of Senator Ahmed Makarfi on merit.
The Supreme Court heard both applications filed by counsels to Ali Modu Sheriff and Senator Ahmed Makarfi.
While delivering the ruling, the apex court dismissed the application filed by the factional National Chairman of the Peoples Democratic Party (PDP), Senator Ali Modu Sheriff, and upheld the appeal filed by Senator Ahmed Makarfi
Ali Modu Sheriff has file a motion prayed the apex court to stop the court from hearing and entertaining the appeal earlier filed by Senator Ahmed Makarfi on March 16, 2017 challenging the February 27, 2017 ruling of the Court of Appeal, in Port Harcourt Judicial Division of Rivers State, which declared Ali Modu Sheriff, as the substantial and legitimate National Chairman of the Peoples Democratic Party (PDP).
Ali Modu Sheriff filed the motion application on March 21, 2017 at the commencement of hearing on Monday, Counsel to Ali Modu Sheriff’s, Mr. Akin Olujimi Esq., adumbrated that the application filed by Senator Ahmed Markafi was an abuse of court process that counsel to Senator Ahmed Makarfi ought to have requested the leave of court before making the application.
Counsel to Ali Modu Sheriff, Mr. Akin Olujimi had argued that the Makarfi’s faction was not recognised by the Peoples Democratic Party (PDP) and that his client Ali Modu Sheriff as the legitimate chairman of the PDP did not authorise anyone to file an appeal on behalf of the party.
Mr. Akin Olujimi prayed the honourable court to dismiss the application filed by Counsel to Senator Ahmed Makarfi.
Counsel to Senator Ahmed Makarfi, Wale Olanikpekun Esq., prayed the honourable court to disregard the argument of Ali Modu Sheriff’s Counsel, Mr. Akin Olujimi, describing his argument as baseless and unknown to law.
The Supreme Court after taken the oral final submission and adoption of their written address of both counsels to Ali Modu Sheriff and Senator Ahmed Makarfi, the Supreme Court ruling was read by the Chief Justice of Nigeria (CJN), Hon. Justice Walter Onnoghen, held as follows that
In pursuance to the laws guiding rules of appeal , appeals must be filed within three calendar months after the Court of Appeal’s ruling and judgment and the Notice of Appeal application in question was so filed and as such is deemed filed appropriately.
The Supreme Court Justices unanimously held and gave a unanimous ruling in favour of the Senator Ahmed Makarfi and awarded cost against Ali Modu Sheriff .
Time of appeal:
Appeal from Court of Appeal to Supreme Court must be done within 30 days, according to Section 31 (2) Supreme Court Act.
Time of appeal starts running from the date judgment is brought to the notice of appellant (Aggrieved person). He can still appeal for extension of time (if he could not appeal within time).