Politics
Court dismisses suit seeking to sack Governor Akeredolu
- Jegede, PDP close case at Ondo Election Petition Tribunal
A Federal High Court in Abuja has dismissed a suit that challenged the emergence of Rotimi Akeredolu as the candidate of the All Progressives Congress (APC) in the last governorship election in Ondo State.
Similarly, the candidate of the Peoples Democratic Party (PDP) in October 10, 2020 governorship election in Ondo State, Eyitayo Jegede, and the party have closed their case and failed to call 400 witnesses to testify in the petition Jegede filed at the Ondo Election Petitions Tribunal seeking to nullify the victory of Governor Akeredolu.
Justice Inyang Ekwo, in a judgment on Wednesday, held that the suit filed by Mrs Olajumoke Anifowoshe was statute barred on the grounds that being a pre-election matter; it was filed outside the 14 days provided in Section 185(9) of the Constitution.
She prayed the court to void the outcome of the primary, from which Akeredolu emerged as APC’s candidate.
Justice Ekwo held that although the suit, originally filed on July 29, 2020 was instituted within the 14 days prescribed under Section 185(9) of the Constitution, it was wrongly commenced when the plaintiff chose to sue the Governor of Ondo State as against Oluwarotimi Akeredolu.
The judge said the amendment effected by the plaintiff on the originating summons, to substitute the Governor of Ondo State with Oluwarotimi Akeredolu, was done on August 13, 2020 outside the 14 days allowed by the Constitution.
The judge said the amendment of the originating process for the purpose of substituting the first defendant would have been in order if it was done within the 14 days allowed for the commencement of pre-election cases under Section 185(9) of the Constitution.
He noted that the Governor of Ondo State is not the same as Oluwarotimi Akeredolu, and that while the former is an office, the latter is a human being, who was a participant in the primary held on July 20, 2020.
The judge added that it was Akeredolu who participated in the primary, which is being challenged, and not the Governor of Ondo State, earlier sued by the plaintiff before the amendment was effected on the originating summons.
Justice Ekwo said, “When the plaintiff amended their originating summons on August 13, 2020 and substituted the initial first defendant (the Governor of Ondo State) with the present first defendant, Oluwarotimi Odunayo Akeredolu (SAN), (who actually participated in the primaries), the plaintiff created a constitutional debacle for herself by not considering the import of that decision against the provisions of S. 285 (9) of the 1999 Constitution (as amended),” the judge said.
Justice Ekwo faulted the argument by the plaintiff that the subscription of the Governor of Ondo State with Oluwarotimi Akeredolu (as the first defendant) was a mere misnomer.
“It must be understood that where misnomer is the issue concerning parties to an action, it must have to do with the correction of a typographical error or clerical mistake in the name of the party and not the replacement or substitution of party in a suit with another person as it happened in this suit.
“It is wrong for the plaintiff to use the process of amendment to substitute the Governor of Ondo State which they sued originally with Oluwarotimi Odunayo Akeredolu (SAN) and claim that the former was a misnomer.
“If the plaintiff now claims that they wrongly sued the Governor of Ondo State at the commencement of this suit, instead of the present first defendant, they cannot now say that it was a misnomer. It was without mincing words, a fatal error.
“The position of the plaintiff that the Governor of Ondo State at the time the action was filed was no other than the present first defendant is wrong in all ramifications.
“Misnomer will in appropriate circumstances operate to allow correction of letter(s) in a name or even the whole word that constitutes a name so that the person therein named is not mistaken for another entity.
“The substitution of a person or party with another person in the course of proceedings is outside the realm of misnomer.
“In this case, the plaintiff was bringing in the present first defendant through the backdoor in the course of proceedings in the name of a misnomer.
“It is neither plausible nor sensible to argue, as the plaintiff has done, that the amendment, which brought in the present first defendant dates back to when this suit was originally commenced.
“If the suit was improperly constituted ab initio, no amendment can cure such defect.
“I find that this suit was not instituted against the present first defendant, that is, Oluwarotimi Odunayo Akeredolu, SAN (who actually participated in the primaries of 20th July 2020) within 14 days as prescribed by Section 285(9) of the 1999 Constitution.
“I therefore hold that it is statute barred. Consequently, I therefore make an order dismissing this case for being statute barred.”
Meanwhile, the PDP candidate in the last Ondo governorship poll, Jegede, failed to call 400 witnesses to testify in the petition he filed to nullify the victory of Governor Akeredolu.
Jegede was the only witness that testified in the suit, as his counsel, Onyechi Ikpeazu, announced that the petitioners were closing their case at the resumed hearing on Tuesday.
The tribunal had given Jegede and the PDP nine days to call the over 400 witnesses listed to testify.
But Ikpeazu told the tribunal that they opted to narrow their case to the evidence presented before the court.
He said they were no longer interested in calling any witness.
Counsel to the Independent National Electoral Commission (INEC), Charles Edosomwan, urged the court to give him time to further study the petitions.
Tribunal Chairman Justice Umar Abubakar adjourned hearing till January 19 to enable the respondents to open their defence.
Politics
PDP crisis: Two ex-Senate presidents lead fresh plot to oust Damagum
PDP crisis: Two ex-Senate presidents lead fresh plot to oust Damagum
Two former Presidents of the Senate, Chief David Mark and Dr Bukola Saraki are leading a fresh charge aimed at removing Amb. Umar Damagum as the Acting National Chairman of the Peoples Democratic Party (PDP).
The push by Mark and Saraki has received the backing of prominent stakeholders, including the Plateau State Governor, Caleb Muftwang and other political office holders elected on the platform of the PDP.
Similarly, former governors from the Northcentral zone who served on the party’s platform have also aligned forces with the group.
Rising from a stakeholders’ meeting in Abuja on Thursday night, the party chieftains resolved to produce a candidate from the zone early 2025 to replace Damagum.
According to them, the move to replace Damagum with a substantive chairman from the Northcentral, has received the endorsement of key party stakeholders from the Northwest and the Northeast zones.
Among those being projected as potential candidates to take Damagum’s seat include Mark; a former Benue State Governor, Gabriel Suswam; and a former House of Representatives member from Nasarawa State, David
David Ombugadu.
A communique issued after the meeting, said the stakeholders
reviewed the festering crisis in the party following the exit of the erstwhile National Chairman, Dr. Iyorchia Ayu.
Ayu lost his seat to the crisis triggered by disagreements over the emergency of Alhaji Atiku Abubakar as the presidential candidate of the PDP in the 2023 general election.
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The crisis has continued to deepen with the apparent overbearing influence of the Minister of the Federal Capital Territory (FCT), Nyesom Wike on the Damagum-led national leadership.
The Northcentral stakeholders argued that Damagum’s continued occupation of the office breached provisions of the PDP constitution.
The communique states in part, “The PDP’s constitution clearly states that succession of offices in the party at all levels is largely to the extent that any vacant position can be replaced by appointment from the zone, as per Section 47 (6) of the party.
“The party is guided by its constitution at all times. Therefore, the leadership of the party needs to rise up to the occasion to restore goodwill and cohesion in the party by making necessary sacrifices and compromises to restore confidence and cohesion in the party.
“It is in the light of this that the stakeholders of the Northcentral Zone appeal to the conscience and goodwill of our compatriots in other zones of the Northern region to restore the seat of the chairmanship of the party back to the Northcentral Zone to serve out its tenure.
“That the stakeholders must strive to build consensus to get the buy-in to the position of Northcentral zone.
“The Northcentral is united and will strive to preserve the PDP as a veritable platform for good governance in Nigeria.”
The meeting, which was attended by Governor Muftwang, also had former Governors Jonah Jang (Plateau), Babangida Aliyu (Niger), Abdulfatah Ahmed (Kwara) and Idris Wada (Kogi) in attendance.
Others at the meeting included the Senate Minority Leader, Senator Abba Moro; incumbent PDP National Legal Adviser, Kamaldeen Ajibade (SAN); and a former Information Minister, Prof Jerry Gana.
Also at the meeting were former senators Tunde Ogbeha, Philip Aduda, Suleiman Adokwe, Dino Melaye, Mohammed Onawo and Peter Jiya.
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Similarly, former Ministers, Labaran Maku and Sarah Ochekpe also attended the meeting. Other stakeholders like Simon Mwadkwon, Mrs. Margaret Icheen, Mr. Raymond Dabo, Maika Jiba, and Isa Dobi were also present.
Damagum, who is from Yobe State in the Northeast zone, emerged Acting National Chairman in March 2023 following the exit of Ayu who is from Benue State in the Northcentral zone.
Damagum was the PDP Deputy National Chairman (North) before his appointment as Acting National Chairman.
By virtue of Section 47 (6) of the party’s constitution, he ought to have relinquished the seat for a substantive National Chairman from the Northcentral zone where Ayu hailed from.
The Section reads: “Where a vacancy occurs in any of the offices of the party, the Executive Committee at the appropriate level shall appoint another person from the area or zone where the officer originated from to serve out the tenure of the officer.”
Ayu was elected chairman in 2022 for a four-year tenure that should expire in 2026 before his tenure got truncated in 2023.
Several moves by critical organs of the party, including the PDP Governors Forum, the Board of Trustees (BoT) and the National Caucus to replace Damagum have been thwarted by the Acting National Chairman, allegedly with the backing of Wike.
Miffed by the development, the PDP Governors Forum, led by Governor Bala Mohammed of Bauchi State, had, a few weeks ago, directed the Damagum-led leadership to convene the National Executive Council (NEC) meeting latest by February 2025.
The NEC meeting has suffered four postponements between August and November 2024, as Damagum, who is supposed to convene the meeting has been evasive.
The power to ratify any candidate chosen by the Northcentral zone to replace Damagum is vested only in the NEC.
PDP crisis: Two ex-Senate presidents lead fresh plot to oust Damagum
Politics
PDP expels South-East national vice chairperson over anti-party activities
PDP expels South-East national vice chairperson over anti-party activities
The Peoples Democratic Party (PDP) in Oguduokwor Ward, Onicha Local Government Area of Ebonyi State, has officially expelled Ali Odefa, the suspended National Vice Chairperson of the party in the South-East, following allegations of anti-party activities.
Odefa had been suspended on September 11, 2024, by the ward executives, a move that was later upheld by the Federal High Court in Abakaliki. In its ruling on November 29, 2024, under suit number FHC/AI/CS/182/2024, the court affirmed the legitimacy of his suspension.
On Wednesday, Onyeka Ovuta, the Acting Chairperson of the PDP in Oguduokwor, announced Odefa’s expulsion in a statement. Ovuta explained that the decision followed recommendations from the party’s disciplinary committee, which confirmed the allegations against Odefa.
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The party announced that Mr Odefa by the virtue of his expulsion, “ceases to be a member of the party.”
Reacting, Mr Odefa laughed off the expulsion, stating that those who announced it were “frustrated charlatans”.
He said the expulsion cannot stand because “it did not take place in the ward but in Abuja”. He said those who made the announcement against him were not ward executives of the party.
“Let them come home come and announce it. Or is our ward now located in Abuja?”
PDP expels South-East national vice chairperson over anti-party activities
Politics
INEC recognises Sylvester Ezeokenwa as APGA national chairman
INEC recognises Sylvester Ezeokenwa as APGA national chairman
Sylvester Ezeokenwa has been reinstated as the national chairman of the All Progressive Grand Alliance (APGA).
Ezeokenwa was reinstated by the leadership of the Independent National Electoral Commission (INEC) on Tuesday, December 17.
According to Sam Olumekun, the National Commissioner and Chairman, Information and Voter Education Committee of INEC, the commission had been served with the judgement of the Supreme Court.
The apex court judgement with the Appeal No. SC/CV/824/2024 APGA & ANOR vs OYE & ORS was delivered on November 27, 2024.
The court ruled that Ezeokenwa should be recognised as the national chairman of the party.
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“In compliance with the judgement of the apex court, the Commission has restored Barr. Ezeokenwa as the Chairman of APGA and restored his name on our website accordingly,” the INEC commissioner said.
He also stated that the reisnstatmemt of the new chairman would automatically lead to the withdrawal of the recognition of Njoku as the national chairman of the party.
The court also upheld an earlier judgement of the appeal which did not confer any enforceable rights on Njoku.
If also awarded N20 million each against the appellaants.
INEC recognises Sylvester Ezeokenwa as APGA national chairman
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