The Peoples Democratic Party in Ondo State has asked a Federal Capital Territory High Court in Apo, Abuja, to stop the planned dissolution of its State Executive Committee by the national leadership of the party.
The case came up before Justice S.C Oriji on Monday.
But it was adjourned till November 6, when the national leadership of the party, through its lawyer, Mr. C.I Paul, told the court that there were ongoing efforts to settle the case out of court.
Justice Oriji said the matter could go on for hearing or report of settlement on the said adjourned date depending on the outcome of the settlement talks.
The plan to dissolve the party’s State EXCO was said to have been hatched during a meeting held on September 30, 2014, in Abuja at the official residence of the Senate President, David Mark, who is the Chairman of the party’s Reconciliation and Integration Committee.
The decision was said to have been reached to pave the way for the re-constitution of the party’s State EXCO in order to cede 50 per cent its membership to the loyalists of Governor Olusegun Mimiko, who newly defected from the Labour Party to the PDP.
But the six plaintiffs, who are members of the State EXCO, had on October 2, filed their suit, asking the court to restrain the Mark-led committee and the Independent National Electoral Committee from implementing the said recommendation.
Through their lawyer, Mr. Abdul Ibrahim, they argued that having been elected on March 17, 2012 to serve a four-year term, the dissolution of the EXCO would amount to an infraction of their rights.
The plaintiffs include the State Chairman of the party in the state, Omotayo Alabi, the Deputy Chairman, Alhaji Fatai Adams, and the Secretary, Chief Oyedele Ibine.
Others are three chairmen of the party at the local government level in the state – Bitire Solomon (Okitipupa); Kehinde Lawal (Owo) and Lawrence Fagbolajun (Ifedore).
Apart from Mark and INEC, who are the 14th and 16th defendants respectively, other defendants are the PDP, its National Chairman, Mr. Adamu Mu’azu, the Deputy National Chairman, Prince Uche Secondus, and the National Secretary, Prof. Wale Oladipo.
The defendants also include the national officers of the party, Onwe Onwe (Deputy Secretary), Alhaji Buhari Bala (Treasurer), Bolaji Anami (Financial Secretary), Olisa Metuh (Publicity Secretary), Abubakar Mustapha (Organising Secretary), Adewole Adyanju (Auditor), and Victor Kwon (Legal Adviser).
The other national officers joined as defendants are Kema Chikwe (Woman Leader) and Abdulahi Maibasira (Youth Leader). The Secretary of the Mark-led Committee on Reconciliation and Re-integration, Chief Fidani, was also joined as a defendant.
The plaintiffs want the court to declare that by virtue of provisions of section 223(2) of the Constitution of the Federal Republic of Nigeria and sections 47(1) of the PDP constitution they had the legal right to hold their offices for a four-year term.
They also want the court, relying on provisions of sections 221, 222 and 223(2) of the Constitution of the Federal Republic of Nigeria to void section 31(2)(e) of the PDP constitution 2012, “which enables the National Executive Committee to dissolve democratically elected State Executive Committee and replace it with caretaker committee”.
Among the eight prayers of the plaintiffs is also an order restraining the PDP and its national officers or their agents “under any name whatsoever from acting implementing, executing or howsoever give effect to the decision, proposal or recommendation of the Reconciliation and Integration Committee headed by the 14 defendant (Mark) to which the 14 defendant (Fidani) is secretary”.
They also specifically seek an order of injunction restraining the PDP and its national officers from “dissolving, dividing or however tamper with the 1st defendant’s (PDP’s) State Executive Committee in Ondo State or collectively or individually remove any of the members thereof from office before the expiration of their term of office.”
They also seek such order against INEC restraining it from giving effect to any person or group nominated by the PDP to replace the State EXCO of the party.
A supporting affidavit deposed to by the Ondo State PDP secretary, Ibine, stated that he and his colleagues in the State EXCO was not carried along by the Mark-led committee until Fidanin informed him of the committee’s at NICON Luxury Hotel, Abuja on October 1.
The case came up before Justice S.C Oriji on Monday.
But it was adjourned till November 6, when the national leadership of the party, through its lawyer, Mr. C.I Paul, told the court that there were ongoing efforts to settle the case out of court.
Justice Oriji said the matter could go on for hearing or report of settlement on the said adjourned date depending on the outcome of the settlement talks.
The plan to dissolve the party’s State EXCO was said to have been hatched during a meeting held on September 30, 2014, in Abuja at the official residence of the Senate President, David Mark, who is the Chairman of the party’s Reconciliation and Integration Committee.
The decision was said to have been reached to pave the way for the re-constitution of the party’s State EXCO in order to cede 50 per cent its membership to the loyalists of Governor Olusegun Mimiko, who newly defected from the Labour Party to the PDP.
But the six plaintiffs, who are members of the State EXCO, had on October 2, filed their suit, asking the court to restrain the Mark-led committee and the Independent National Electoral Committee from implementing the said recommendation.
Through their lawyer, Mr. Abdul Ibrahim, they argued that having been elected on March 17, 2012 to serve a four-year term, the dissolution of the EXCO would amount to an infraction of their rights.
The plaintiffs include the State Chairman of the party in the state, Omotayo Alabi, the Deputy Chairman, Alhaji Fatai Adams, and the Secretary, Chief Oyedele Ibine.
Others are three chairmen of the party at the local government level in the state – Bitire Solomon (Okitipupa); Kehinde Lawal (Owo) and Lawrence Fagbolajun (Ifedore).
Apart from Mark and INEC, who are the 14th and 16th defendants respectively, other defendants are the PDP, its National Chairman, Mr. Adamu Mu’azu, the Deputy National Chairman, Prince Uche Secondus, and the National Secretary, Prof. Wale Oladipo.
The defendants also include the national officers of the party, Onwe Onwe (Deputy Secretary), Alhaji Buhari Bala (Treasurer), Bolaji Anami (Financial Secretary), Olisa Metuh (Publicity Secretary), Abubakar Mustapha (Organising Secretary), Adewole Adyanju (Auditor), and Victor Kwon (Legal Adviser).
The other national officers joined as defendants are Kema Chikwe (Woman Leader) and Abdulahi Maibasira (Youth Leader). The Secretary of the Mark-led Committee on Reconciliation and Re-integration, Chief Fidani, was also joined as a defendant.
The plaintiffs want the court to declare that by virtue of provisions of section 223(2) of the Constitution of the Federal Republic of Nigeria and sections 47(1) of the PDP constitution they had the legal right to hold their offices for a four-year term.
They also want the court, relying on provisions of sections 221, 222 and 223(2) of the Constitution of the Federal Republic of Nigeria to void section 31(2)(e) of the PDP constitution 2012, “which enables the National Executive Committee to dissolve democratically elected State Executive Committee and replace it with caretaker committee”.
Among the eight prayers of the plaintiffs is also an order restraining the PDP and its national officers or their agents “under any name whatsoever from acting implementing, executing or howsoever give effect to the decision, proposal or recommendation of the Reconciliation and Integration Committee headed by the 14 defendant (Mark) to which the 14 defendant (Fidani) is secretary”.
They also specifically seek an order of injunction restraining the PDP and its national officers from “dissolving, dividing or however tamper with the 1st defendant’s (PDP’s) State Executive Committee in Ondo State or collectively or individually remove any of the members thereof from office before the expiration of their term of office.”
They also seek such order against INEC restraining it from giving effect to any person or group nominated by the PDP to replace the State EXCO of the party.
A supporting affidavit deposed to by the Ondo State PDP secretary, Ibine, stated that he and his colleagues in the State EXCO was not carried along by the Mark-led committee until Fidanin informed him of the committee’s at NICON Luxury Hotel, Abuja on October 1.
No comments:
Post a Comment