A member of the Peoples
Democratic Party, Emmanuel Onu,
has filed a fresh suit asking the
Federal High Court in Abuja to
remove Alhaji Adamu Mu’azu as
the National Chairman of the
party.
Onu asked the court to remove
Mu’azu and reinstate the
immediate past National Chairman
of the party, Alhaji Bamanga
Tukur, whose resignation on
January 15, 2014, the plaintiff
argued failed to comply with the
provisions of the party’s
constitution.
Mu’azu was on January 15,
appointed by the party’s National
Executive Committee to succeed
Turkur, who the plaintiff argued
resigned under circumstances that
never followed due process.
A lawyer and a member of the
PDP, Ezionye Ndubuisi, had on
September 23 filed a similar suit
before the same court seeking an
order sacking Mu’azu as the PDP
National Chairman.
Ndubuisi had asked the court to
remove Mu’azu on the grounds
that he did not emerge as the
National Chairman of the party
through an election at a special
convention of the party as
stipulated by the party’s
constitution.
The older case has yet to be heard
by the court.
Onu, who anchored his fresh suit
on grounds similar to those of
Ndubuisi, joined as defendants, the
PDP, Mu’azu and the Independent
National Electoral Commission.
He argued that the resignation of
Tukur and the subsequent
appointment of Mu’azu violated
sections 47(5) and (6) of the PDP
Constitution 2012.
His counsel, Mr. Elochukwu Nweke,
stated in his written address
accompanying the suit, “A literal
interpretation of section 47(5) is
that a letter of resignation of an
elected officer of the 1st defendant
(PDP) serves as a notice and as
such a letter becomes operational
after the period of 30days elapses.
This is to enable the Executive
Committee time and room to carry
out the process of filling the
vacancy.
“Also a literal interpretation of
section 47(6) is to the effect that if
such an election cannot be
conducted within a period of
30days, an appointment ought to
be made by the appropriate
committee and until and election is
conducted. By necessary
implication, it is mandatory that
election shall be conducted
thereafter.”
The plaintiff said instead of
complying with the provisions of
the party’s constitution, what
transpired was that “On 15th day
of January, 2014, a purported
envelope containing a resignation
letter by Alhaji Bamanga Tukur
was presented to National
Executive Committee.
“The committee debated it and
accepted the same day. On 20th
day of January, 2014, Alhaji
Adamu Mu’azu was appointed the
National Chairman of the 1st
defendant.”
He added, “We firmly state that
the emergence and appointment of
the 2nd defendant (Mu’azu) within
a period of five days was
premature, invalid and
unconstitutional.
“The appointment of the 1st
defendant is tantamount to putting
the cart before the horse.”
Democratic Party, Emmanuel Onu,
has filed a fresh suit asking the
Federal High Court in Abuja to
remove Alhaji Adamu Mu’azu as
the National Chairman of the
party.
Onu asked the court to remove
Mu’azu and reinstate the
immediate past National Chairman
of the party, Alhaji Bamanga
Tukur, whose resignation on
January 15, 2014, the plaintiff
argued failed to comply with the
provisions of the party’s
constitution.
Mu’azu was on January 15,
appointed by the party’s National
Executive Committee to succeed
Turkur, who the plaintiff argued
resigned under circumstances that
never followed due process.
A lawyer and a member of the
PDP, Ezionye Ndubuisi, had on
September 23 filed a similar suit
before the same court seeking an
order sacking Mu’azu as the PDP
National Chairman.
Ndubuisi had asked the court to
remove Mu’azu on the grounds
that he did not emerge as the
National Chairman of the party
through an election at a special
convention of the party as
stipulated by the party’s
constitution.
The older case has yet to be heard
by the court.
Onu, who anchored his fresh suit
on grounds similar to those of
Ndubuisi, joined as defendants, the
PDP, Mu’azu and the Independent
National Electoral Commission.
He argued that the resignation of
Tukur and the subsequent
appointment of Mu’azu violated
sections 47(5) and (6) of the PDP
Constitution 2012.
His counsel, Mr. Elochukwu Nweke,
stated in his written address
accompanying the suit, “A literal
interpretation of section 47(5) is
that a letter of resignation of an
elected officer of the 1st defendant
(PDP) serves as a notice and as
such a letter becomes operational
after the period of 30days elapses.
This is to enable the Executive
Committee time and room to carry
out the process of filling the
vacancy.
“Also a literal interpretation of
section 47(6) is to the effect that if
such an election cannot be
conducted within a period of
30days, an appointment ought to
be made by the appropriate
committee and until and election is
conducted. By necessary
implication, it is mandatory that
election shall be conducted
thereafter.”
The plaintiff said instead of
complying with the provisions of
the party’s constitution, what
transpired was that “On 15th day
of January, 2014, a purported
envelope containing a resignation
letter by Alhaji Bamanga Tukur
was presented to National
Executive Committee.
“The committee debated it and
accepted the same day. On 20th
day of January, 2014, Alhaji
Adamu Mu’azu was appointed the
National Chairman of the 1st
defendant.”
He added, “We firmly state that
the emergence and appointment of
the 2nd defendant (Mu’azu) within
a period of five days was
premature, invalid and
unconstitutional.
“The appointment of the 1st
defendant is tantamount to putting
the cart before the horse.”
No comments:
Post a Comment