A member of the Peoples Democratic Party (PDP) in Bakura Ward, Bakura Local Government Area of Zamfara State, Imam Auwal has dragged the party and the Independent National Electoral Commission (INEC) before a Federal High Court sitting in Gusau, to see an exparte order to compel the party to hold its National Executive Committee (NEC) meeting on Thursday.
Auwal, in an originating summons filed on his behalf by Joseph Onu Silas, of the Shield and Sword Consult, Maitama, Abuja, asked the court to determine three questions including:
“Whether, considering the clear and unambiguous provisions of Section 47 (6) of the Peoples Democratic Party Constitution, 2017 (As amended), the National Executive Committee of the 1st Defendant is in breach of its constitution by not appointing a substantive National Chairman from the North Central Zone, to replace the removed National Chairman who is from that zone?
“Whether the actions of the acting National Chairman by frustrating all efforts to appoint a substantive National Chairman is not unlawful, unconstitutional and an abuse of office?
“Whether the suspension of the National Vice Chairman (South East Zone) of the 1st Defendant, pursuant to section 57 (3) of the Peoples Democratic Party Constitution, 2017 (As amended) has not terminated his membership of the party and all its organs, including the National Working Committee, National Executive Committee and the National Convention of the 1st Defendant?”
He also sought eight other reliefs including a declaration, that the acting National Chairman cannot complete the tenure of a removed chairman, as he can only act until a replacement is appointed in line with the party’s constitution.
The Federal High Court sitting in Gusau, however, ruled on Tuesday declining the ex parte injunction. The court, presided over by Justice Salim Olasupo Ibrahim asked the plaintiff to put the defendants on notice and subsequently adjourned the matter till Friday, October 25.
The judgment of the court obtained by this newspaper, on Tuesday read: “That prayer 1,2 and 3 of the ex parte are declined; that prayer 4 on the motion ex parte is granted; that an order is made abridging tin in this proceeding; that parties are to be put on notice and that the matter is adjourned to Friday 25th October, 2024.”
The plaintiff had also sought the order of the court declaring that all actions taken by the acting National Chairman after the planned NEC meeting on October 24, 2024, purporting to be the acting National Chairman are “unlawful, unconstitutional, null and void.”
The plaintiff also sought a declaration that the National Vice Chairman (South East of the party, Ali Odefa is deemed to have terminated his membership of the National Working Committee of the party by virtue of Section 57 (3) of the PDP’s Constitution.
He equally sought a declaration that it is “unlawful, unconstitutional and inappropriate” for the National Working Committee or any other organ of the party to allow the former National Vice Chairman (South East Zone) to continue attending its meetings and parading himself as a national officer of the party, in violation of Article 57 (3) of the said constitution.
Auwal further sought an order of the court to compel the PDP and INEC to adhere strictly to the provisions of party’s constitution in the running of its affairs and to steer clear of arbitrary actions that will amount to disregard for its own constitution.
Other orders sought by the plaintiff include an order directing INEC not to receive any correspondence or communication of whatever nature from the PDP unless a substantive National Chairman is appointed in accordance with Section 47 (6) of the party’s constitution; an order directing all organs of the party to cease and desist from treating the former National Vice Chairman (South East Zone) – Mr. Ali Odefa as an officer of the party and another order compelling the said Ali Odefa to stop parading himself as an officer or member of the party, having been lawfully suspended by his Ward Executive.
According to the court documents made available to newsmen in Abuja, the plaintiff also prayed the court to determine whether considering the clear and unambiguous provisions of Section 47 (6) of the PDP Constitution, the National Executive Committee of the party is in breach of its constitution by not appointing a substantive National Chairman from the North Central Zone, to replace the removed National Chairman who is from that zone?
An affidavit in support of the originating summons deposed to personally by the plaintiff averred that replacement to a vacant post of national chairman of the party must be done by appointing someone from the zone of the outgone National Chairman and that since the former National Chairman was suspended by his ward and eventually lost his office by virtue of the suspension, the Deputy National Chairman (North) has been acting as National Chairman.
“That I know as a fact that the removed chairman hails from Benue State, North-Central, Nigeria and should be replaced by someone from North Central Nigeria. That I know as a fact that the current acting National Chairman is not from North Central Nigeria, as he hails from North Eastern Nigeria,” the document read.
The plaintiff further averred that the acting National chairman does not want to relinquish the office of National chairman and plans to sit tight in acting capacity and run out the tenure of the removed National chairman, against the clear provision of the party’s constitution and the interest of North-Central Zone.
The plaintiff also stated that the acting National Chairman is frustrating the holding of the National Executive Committee meeting, scheduled for October 24, wherein a replacement will be appointed, by announcing a shift in date anytime a meeting is scheduled.
He said unless the acting National chairman is compelled to hold the meeting as scheduled, he will shift it unjustly in continuation of his utter disregard to the party’s constitution.
According to the plaintiff, any member of the National Working Committee, who is suspended by his or her ward executive automatically loses his or her office in the National Working Committee, just like the former national chairman.
“That I know as a fact that the National Vice Chairman, South East Zone has been suspended by his ward executive of Oguduokwor, in Onicha local government area of Ebonyi State on 12th September 2024.
“That I know as a fact that the suspended National Vice Chairman, South East Zone has continued to hold out himself as a National Officer of the 1st Defendant even after his suspension by his ward.
“That I know as a fact that upon his suspension, he ceased to be a National officer of the 1st Defendant,” he averred.
We have resolved our differences – PDP
The chairman of the party’s National Reconciliation Committee, Prince Olagunsoye Oyinlola, however, said on Tuesday that the party has resolved its differences, adding that the PDP has put the past behind it and is looking forward to working together as one henceforth.
He said: “The outcome of today’s meeting is that to the glory of God, we have been able to resolve the differences that have been causing our party some headaches within the National Working Committee. We thank God that we have been able to open up to ourselves and resolve to move on as a united National Working Committee which is what we needed for the progress of our party, the Peoples Democratic Party (PDP).
“The issues resolved are the differences that have permeated the rank and file of the National Working Committee. I cannot be itemising them. The NEC meeting is not part our discussion and I’m not in a position to talk about NEC meeting. I am the chairman National Reconciliation Committee. There were differences in the National Working Committee and that I have done. My job is finished.”
The Nigerian Tribune reports that the NWC was divided into factions as a result of accusations and counter-accusations which resulted in the suspension of the acting national chairman, Damagum and the national secretary, Samuel Anyanwu on one side and the suspension of the national publicity secretary, Debo Ologunagba and the National Legal Adviser, Kamaldeen Ajibade on the other side. The PDP has been divided alongside former Vice President Atiku Abubakar’s camp and the Minister of the Federal Capital Territory (FCT), Nyesom Wike’s camp in a battle of wits.
Those who attended the meeting, on Tuesday, included Damagum, Anyanwu, Ologunagba, deputy national chairman (South), Ambassador Taofeek Arapaja, Otunba Segun Sowumi among others.
Bauchi group endorses Damagum as acting national chair
Meanwhile, a pro-PDP group in Bauchi has on Tuesday thrown its weight behind the acting national chairman of the party.
The group, known as ‘Bauchi State PDP Coalition Youth Stakeholders’, declared that it will continue to endorse the leadership of Damagum as the national chairman of the PDP beyond the present.
Addressing Journalists on Tuesday, the group led by Sagir A. Sardauna declared: “We are behind him and hereby declare our total support for our great party’s Acting national chairman, H.E Ambassador Umar Iliya Damugum.”
According to the group; “Damugum has been a member of the PDP since 1998, and remains consistent and totally committed to the success of the party. it is on the record that Damugum supported the 2023 PDP presidential candidate wholeheartedly before, during and after the primary elections against all other aspirants.”
It added that, ”Damugum won Yobe State for PDP and for the first time in history, PDP won the state. All those who are shouting at Damugum now, lost their polling units, some even supported the Labour Party candidate while some supported APC candidates in their respective states.”
The group further stated: “Same people who are attacking Damugum today, supported and lobbied for either Ministerial positions or other heads of government parastatals, under the present administration.
“Some Governors submitted names, the PDP BoT Chairman has endorsed LPs Alex Otti for reelection in 2027, the Atiku’s loyalists supported APC candidates in Bauchi, Adamawa, Taraba, Rivers, Oyo and many other states during the last general elections.
“It is on the record that Wike didn’t support Atiku, Asue in Edo, Dino in Kogi, Diri in Bayelsa, but Damugum supported them wholeheartedly, which they can attest to, that and the Chairman is supporting the Edo candidate right now in court,” The group added.
According to the group: “Some individuals with faded and zero political influence in their states are unfairly targeting Ambassador Umar Damugum, simply because he has shown that he is committed to the unity of the party and resisted those who wanted to destroy the party and move to merger or handing over the party to individuals for 2027 ambition. They are sponsoring propaganda against Damugum on pretext for antiparty.
“Going forward, we will not allow any individual or group to attack the personality or disrespect our national chairman, we will resist any attempt to remove him unconstitutionally. The recent Abuja Federal High court judgment must be respected.”
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