Senator Ahmed Makarfi-led faction of the Peoples Democratic Party, PDP, yesterday asked the Abuja Division of the Court of Appeal to vacate the order stopping it from going ahead with its planned national convention scheduled for Wednesday (today).
Already, the group has applied for stay of execution of the interim order of injunction that Justice Okon Abang of the Federal High Court in Abuja issued against them on Monday.
Justice Abang had ordered the Markafi-led National Working Committee, NWC, of the PDP to suspend the convention which is billed to hold in Port Harcourt, pending the determination of an interlocutory motion the Ali Modu Sheriff faction of the party filed before the court.
Meanwhile, at the resumed hearing of the suit yesterday, Markafi and six other members of the PDP NWC informed Justice Abang that they had already taken the matter before the Court of Appeal.
Markafi and the others, who are third to ninth defendants in the matter, told the court through their lawyer, Mr. Ferdinand Orbih (SAN), that their notice of appeal was dated August 15.
Besides, they also filed an application challenging jurisdiction of Justice Abang to continue presiding over the matter.
“Most especially, my Lord, we are challenging the interim order of injunction restraining the holding of the second defendant’s convention,” Orbih added.
Nevertheless, Justice Abang stressed that none of the applications had been transmitted to his court by the registry.
Even though Sheriff’s lawyer, Chief Niyi Akintola (SAN) did not oppose Orbih’s plea for a stand down of the matter to enable him to fetch the processes from central registry of the court, Justice Abang in a bench ruling rejected the request.
The judge said he was only bound by processes before him, noting however that ordinarily, issue bordering on jurisdiction of the court ought to be resolved first.
“It is not the duty of the court to descend into the arena to assist any party,” Abang held, saying he would not take any of the processes into consideration since they were not in his file.
He said the third to ninth defendants violently violated an order he made on July 28 by allowing Senator Obi to “slap the face of the court” when he secretly obtained an ex-parte order from another court, despite the pendency of the suit.
Specifically, Sheriff and eight others had approached the court, praying it to stop the proposed national convention of the party.


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