Sheriff and PDP – The facts

By Omololu Ojehomon-Ogbeni

It doesn’t take a genuine to know that the amendment made to the PDP’s constitution was to create a balance of affairs within the party.  Even though the North wanted the presidency in 2015, the party had agreed to return Dr. Goodluck Jonathan as president. It meant the position of National Chairman was zoned to the North, the term for this office ends in 2018.

After the elections the party was in crisis, Muazu was removed and was replaced by Senator Ali Modu Sheriff from the same zone in March 2016 as stated in the party’s constitution, the same constitution also states that the replacement serves out the existing term. Sen. Sheriff was perfect for the party, they needed someone who could take over the financial responsibility of the party and take care of its debt, which he did, paying backlog secretariat salaries for up to six months and handled all maintenance and party problems.

On May 12, 2016, Judgement was granted in favor of Senator Sheriff and two others, for the following, the position of National Chairman is not vacant until 2018 and the positions of National Secretary and National Auditor are not vacant until 2017. This was not appealed by anyone singularly or collectively as the PDP and the Judgement held.

On May 21, 2016 during the Port Harcourt Convention was stopped by a court injunction filed by a faction of the party which also tried to hold its convention in Abuja a similar court injunction also prevented them from holding and agreed to reconciliation. It was Senator Modu Sheriff who notified the press of this injunction and that the convention could not hold because of it.  However, there was a turning point when Governor Nyesom Wike of Rivers State as the convention chairman moved a motion to have a caretaker committee which brought in Senator Markarfi as Chairman.

On June 3, 2016, Premium Times Newspaper reported on a conversation on Ray Power FM Radio Station Program “POLITICAL PLATFORM” on the Port Harcourt convention in which the INEC’s Deputy Director for Public Affairs, Nick Dazang was guest.

He was quoted as follows: “We sent a high powered team led by a National Commissioner to monitor the convention. They have submitted their report as at now, but the Commission is yet to take a position in terms of who is supposed to be the chairman of the party. I expect that a very responsible party, a formidable party of that matter like the PDP will put its act together in time for it particularly to collect the forms for those that will conduct the elections in Edo and Ondo and also to conduct the primaries that will lead up to who will now be their standard bearer for Edo Governorship election to be conducted on Saturday, 10th September.  The Primaries are supposed to take place between 2nd June and 4th July, so we expect that between now and then the PDP should be able to resolve some of these issues in the interest of that election.”

On June 20, 2016: Edo State primaries to elect a candidate of the party was conducted by the illegal Markarfi – Led Caretaker Committee.

As regards the conduct of the primaries in Edo State there were at least three PDP constitutional violations as follows.

1. That one of the aspirants Pastor Osagie Ize-Iyamu who participated was not qualified to participate in it.
2. He had not done two years in the party which disqualified him.
3. He did not have a waiver from the National Chairman which also disqualified him
4. The state Chairman violated the party’s constitution when he refused to conduct new congress for the primary which will produce the delegates that will vote, rather used the doctored listed of the state congress that returned him to office.
5. Senator Markarfi cannot conduct primaries in Edo State when there is a judgment from May 12, 2016 that retains Senator Ali Modu Sheriff as the Chairman of the party until 2018 as is constitutionally correct.

On June 21, 2016 the Sheriff-led NEC of the PDP declared the June 20, primaries conducted by the Markarfi – Led Caretaker Committee as illegal and set June 23 – 29, 2016 as dates for PDP congress in Edo State. Media reported this was communicated to the Chairman of INEC.

Vanguard Newspaper Headline, “WE CAN’T MONITOR SHERIFF’S SHOW – INEC, on June 27, 2016 quoted Nick Dazang of INEC as saying, “INEC is yet to take a decision on that, even though I learnt Alhaji Modu Sheriff has written the Commission to say that he intends to hold one (primary), and that even though INEC monitored the recent PDP primaries, it is awaiting the judgement of the Appeal Court scheduled for 4th July. The judgement will determine which faction the Commission will recognize and was reported to have said that who made the position of the commission known, noted that timetable and schedule of activities of Edo Governorship provides that primaries are to take place between June 2 and July 4th. He said that the Sheriff’s faction had fallen short of the requirement for 21-day notice to INEC.

On June 29, 2016, the Sheriff-led NEC of PDP conducted Edo State gubernatorial primaries and Hon. Matthew Iduorieyekhemwen was declared winner and candidate of the party.

On July 1, 2016, Justice Okon Abang – Led Federal High Court in Abuja granted an order of interlocutory injunction restraining the Independent National Electoral Commission (INEC) from accepting list of candidates for the governorship elections in Edo and Ondo from other leadership of the party, except from the Ali Modu Sheriff-led National Working Committee (NWC).  The presiding judge directed INEC, the party and their agents to “recognize, deal with and accord all facilities required by law to the Modu Sheriff-Led NWC in the conduct of Edo and Ondo governorship elections. Injunction published in the national dailies.

On July 4, 2018, A Federal High Court in Port Harcourt purportedly declared the May 21, 2016 National Convention of the PDP was duly constituted that elected the unconstitutional Markarfi – Led Caretaker Committee. Please keep in mind that there was an injunction stopping the convention which was honored by Senator Modu Sheriff, the PDP National Chairman. Therefore, anything that happened at that was convention is illegal, null and void.

On July 9, 2016, Nick Dazang of the INEC stated that the Commission had not taken any decision on which candidate to accept and also said, “…as at now we have not received the certified true copy of the July 4 judgment of a Federal High Court, Port Harcourt on the matter. We are waiting for that judgment and other judgments so that we can study them. The commission, after studying the judgment and the advice from its lawyers, will then take a position, but we are still waiting for the last judgment which was the one on July 4. It will be like from next week by the time we receive them and when the commission sits, a position will be taken. It is when the commission has done that that it will then decide on any faction or candidate it is going to accept.

On July 12, 2016, Media reported that the INEC had rejected the Sheriff-led NEC list because on July 11, 2016, Nick Dazang of INEC was reported to have said that the commission had rejected the list because it did not monitor the primary that produced Hon. Matthew Iduorieyekhemwen. On July 18 a list purportedly signed by INEC’s legal services, Mr. Matthew Ugwuocha in Benin was made available to News Agency of Nigeria according to media reports for 19 political parties.

On July 28, 2016, Federal High Court in Abuja sacked Markarfi as National Chairman and reaffirmed Sheriff as the national Chairman and held that every action the committee had taken since it emerged through a convention the party purportedly held in Port Harcourt on May 21, amounted to nullity. And that having regard to the order of the court, PDP had no lawful authority to hold the convention that led to the emergence of the Markarfi-led Committee.”

It went on to say, “The convention was unlawfully held and the caretaker committee was unlawfully and illegally appointed and could not take any legal decision for the PDP in view of the subsisting order of the Lagos Division of this court. Consequently, any action taken by the Markarfi-led Committee, including the purported mandate for legal representation in this matter is hereby declared illegal. Parties have an uncompromising duty to obey court orders until it is set aside. The Lagos Division made order on May 12 and 20, forbidding the PDP from removing the Sheriff-led Caretaker Committee. That order is still subsisting.” And that Ali Modu Sheriff is the National Chairman of the PDP. Any decision NOT taken by the Sheriff-Led Committee is NOT binding on the PDP.

On August 9, 2016, INEC notified the public of plans to release the final list of gubernatorial candidates of Edo State September election. On August 11, 2016 INEC released on its website the list which included Edo State – Osagie Ize-Iyamu (by Court Order) signed by the secretary, Mrs. Augusta C. Ogakwu. Till date there is no court order supporting this sham and a clear violation of the judgment on July 28, 2016.

Recently on August 17, 2016 Justice Valentine Ashi had in his judgment nullified the 2014 PDP Constitution amendment upon which Senator Sheriff is said to have been appointed as PDP Chairman. The court described the amendment of the party’s constitution as illegal and a violation of the Electoral Act and, therefore, declared all actions carried out with the document including anybody parading himself or herself as officer of the party as illegal.

He went to say, “However, the court voided the said amendment on the basis that there was no compliance with mandatory provisions of Article 66 (2) and (3) of the PDP constitution.”

Now, we must believe that this matter starts from the time of Adamu Muazu, it was this amendment that brought him in as the PDP National Chairman, and Sheriff was not in position then, everything that Mauzu did based on this amendment is illegal, including the nomination of the president, the governors, National Assembly members, the Edo State primary, etc.

Whether PDP will remain as a party is another matter, because for obvious reasons it seems the center is falling apart.