PDP asks court to deregister APC, wants convention declared illegal – Newstrends
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PDP asks court to deregister APC, wants convention declared illegal

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3 years ago

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Ahead of the National Convention of the ruling All Progressive Congress (APC) scheduled to hold on Saturday, the opposition Peoples Democratic Party (PDP) has asked the Abuja Division of the Federal High Court to declare the planned exercise unconstitutional and illegal.

In addition, the PDP is equally seeking an order of the court de-registering the APC as a political party, having failed to meet the requirements of sections 222(a), 223(b) and 225 of the 1999 Constitution.

It further asked the court for an order of perpetual injunction restraining the Independent National Electoral Commission(INEC) from recognising, communicating with, dealing with or having any business whatsoever with the APC as a registered political party.

In a suit marked FHC/ABJ/CS/ 389 2022, and dated March 25, 2022,  the PDP listed the Independent National Electoral Commission(INEC), the All Progressives Congress(APC), the Caretaker/Extraordinary Convention Planning Committee(CECPC) and the Chairman of the APC Caretaker/Extraordinary Convention Planning Committee as defendants.

In the suit filed by its counsel, Samuel Irabor, it is the case of the plaintiff that  by a certified true copy of INEC’s list of APC’s current Exco, the party is been run by a 13 members Exco which is below the constitutional stipulations in Section 223 of the 1999 constitution that the Exco or Governing body of a political party must be drawn from 2/3 of the 36 states of Nigeria which is mathematically 24.

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The PDP is therefore urging the court to declare all the prior acts of the Mai Mala Buni led caretaker committee leading to the institution of the suit as well as all subsequent acts, including the convention of March 26 as null and void and proceed further to order a de-registration of the APC by INEC in line with Section 225A of the 1999 constitution.

In the originating summons brought pursuant to order 3, rules 6 of the Federal High Court Rules, the party urged the court to determine “whether upon a calm consideration of section 223(2)

(b) of the 1999 Constitution, the leadership of the APC (2nd defendants) can be made up of only 13 members as presently constituted by the chairman of the CECPC and forwarded/registered with the 1st defendant (INEC) and if the answer is in the negative, whether the APC has any valid leadership so called, forwarded /registered with INEC in compliance with section 223(1) of the 1999 constitution and whether any act done by the said leadership is valid and founded in law.

“ If the answer to the 2nd and 3rd legs of the issue in the above paragraph is further in the negative, whether the APC is not liable to be de-registered as a political party pursuant to section 222(a), 223(2)(b) and 225(A) of the 1999 Constitution. A declaration that by the express provisions of section 223(2)(b) of the 1999 Constitution, the leadership of the APC cannot be made up of only 13 members as presently constituted by the chairman of the CECPC and forwarded /registered with INEC.

“A declaration that all the prior actions and subsequent actions undertaken by the defendants are null void and of no effect.”

SUN
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Breaking: Supreme Court affirms Sly Ezeokenwa as APGA National Chairman

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6 minutes ago

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November 27, 2024

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Sly Ezeokenwa

Breaking: Supreme Court affirms Sly Ezeokenwa as APGA National Chairman

The Supreme Court, on Wednesday, affirmed Mr. Sly Ezeokenwa as the authentic National Chairman of the All Progressives Grand Alliance, APGA.

A five-member panel of the apex court, in two unanimous judgements, invalidated Chief Edozie Njoku’s claim to the national leadership position in the party.

It held that its earlier verdict on the appeal marked: SC/CV/687/2021, delivered on October 14, 2021 and corrected on March 24, 2023, which Chief Njoku purportedly relied on to lay claim to APGA Chairmanship, did not confer any enforceable rights on him.

In the lead decision that was read by Justice Stephen Adah, the apex court stressed that the reliefs it granted on the protracted APGA leadership tussle, in 2021, were only declaratory and not executory.

The court noted that it particularly held that that issue of leadership or who becomes the Chairman of a political party, was an internal matter that is not justiciable.

Justice Adah held that it was wrong for Njoku to have gone before the lower court to enforce a judgement that had nothing to be enforced as no executory relief was granted to him.

He faulted the lower courts for wrongly relying on the previous decision of the Supreme Court to declare Njoku as the National Chairman of APGA.

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Consequently, Justice Adah vacated the judgement the Court of Appeal in Abuja delivered on June 28, 2024, which upheld the verdict of a High Court of the Federal Capital Territory that declared Njoku as the National Chairman of APGA.

Besides, the Supreme Court awarded a fine of N20million each, against two members of the Njoku-led faction of APGA that were listed as 1st and 2nd respondents in the matter.

The court held that a third appeal relating to the APGA leadership tussle, would abide by its decision in the matter.

The three appeals were marked: SC/CV/824/2024 : APGA  & another vs. Chief Victor Ike Oye & others; SC/CV/825/2024: Chief Victor Ike Oye vs. Otunba Kamaru Lateef Ogidan & 2 others, and Chief Victor Ike Oye vs. Otunba Kamaru Lateef Ogidan & 2 others.

Meanwhile, reacting shortly after th e judgement was delivered, Mr. Ezeokenwa commended the Judiciary for effectively putting an end to the leadership dispute in the party and for affirming him as the bonafide Chairman.

He said the court has through its judgement, proved that it is indeed the hope of the common man.

“We should not always be saying bad things against the Judiciary. Today, I am very proud of our Judiciary as the last hope of the common man.

“like I have always said, our Judiciary will always come through to save our nation when the need arises. That is what it has done today with the erudite judgments delivered today by the Supreme Court concerning the leadership of our party.

“Like our lead counsel, Onyechi Ikpeazu (SAN) said, what ought not to have taken place was created and has been dragged up to the Supreme Court. It is unfortunate. Money has been expended and party’s  structures distabilsed just because of someone’s selfish and inordinate ambition.

“The judgments today have affirmed the convention that brought us to office and that we are in charge of the running of the party’s affairs.

“So, there no longer speculation or doubt about the actual leadership of APGA. By the judgments, I, Barrister Sly Ezeokenwa has been affirmed as the Chairman of APGA,” Ezeokenwa added.

 

Breaking: Supreme Court affirms Sly Ezeokenwa as APGA National Chairman

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Damagun writes INEC to conduct by-election for 27 vacant Rivers assembly seats

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1 day ago

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November 26, 2024

By

IIiya Umar Damagum

Damagun writes INEC to conduct by-election for 27 vacant Rivers assembly seats

Few days after governors on the platform of the Peoples Democracy Party (PDP) handed down an ultimatum for things to change in the party, the Acting National Chairman of the party, Umar Damagun has moved against the FCT Minister and his loyal lawmakers, the 27 members of the Rivers State House of Assembly.

Damagun in a letter addressed to the Independent National Electoral Commission (INEC) dated 13th November 2024 and released on Sunday by the spokesperson of the Opposition Lawmakers Coalition, Ikenga Ugochinyere urged the electoral umpire to conduct a bye-election to fill up the 27 seats, they vacated to join the All Progressives Congress, APC.

Wike has been accused of being behind the crisis in the PDP over his disagreement with the Rivers State governor, Sim Fubara, his successor.

The crisis which started over control of resources divided the party in the state with 27 lawmakers in the state assembly siding Wike and defected to the APC following Wike’s acceptance to serve in the government of the APC.

He has also been accused of working in cahoots with Damagun to damage the PDP by not organising the National Executive Committee which would lead to the acting Chairman’s ouster.

After a series of agitation, the latest being from the PDP Governors’ Forum over the weekend, Damagun has demanded that INEC conduct elections as soon as possible, apparently moving against the FCT minister.

He argued in letter titled, ‘DEMAND FOR IMMEDIATE CONDUCT OF FRESH ELECTION IN 27 STATE CONSTITUENCIES OF RIVERS STATE WHICH HAVE BECOME VACANT PURSUANT TO SECTION 109(1)(g) OF THE CONSTITUTION’ that it’s “unlawful” for the 27 members to defect.

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The members defected to the APC on December 11, 2023.

Damagun said, going by provisions of the Constitution, the lawmakers are no longer members of the Assembly.

The PDP acting chairman therefore urged the Commission to perform its constitutional duties and begin the process of conducting fresh elections to fill the vacancies created in the 27 state constituencies by the unlawful act of the former Assembly members.

Parts of the letter read, “The Leadership of our great party, the Peoples Democratic Party (PDP) wishes to draw the attention of the Commission to the gross violation of Section 109 (1)(g) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) by 27 members of the Rivers State House of Assembly following their unlawful defection from our Party, the PDP who sponsored their elections to the All Progressive Congress (APC) on Monday, December 11, 2023.

“The Commission may recall that our Party, the PDP nominated all our 32 State House of Assembly candidates in Rivers State for the 2023 General Election on the 7th of July 2022 via your electronic candidate election nomination portal (See attached acknowledgement).

“The Commission may also recall that following the nomination, the Commission conducted election into the Rivers State House of Assembly on the 18th of March, 2023 and our Party won 32 seats in the state Assembly. The elected State House of Assembly members were inaugurated and sworn-in on June, 2023.

“However, on Monday, 11 December, 2023 a period of just six (6) months after inauguration, 27 out of the 32 members publicly announced their defection from our Party to the All Progressive Congress (APC). This defection is a gross violation of Section 109(1)(g) of the Constitution of the Federal Republic of Nigeria 1999 (As amended).

“The only two grounds of division and merger provided for in the Constitution that permit such defection are completely non-existent in our political Party. It therefore means that the defections of the 27 members are without lawful excuse and these members have vacated their seats in the Rivers State House of Assembly by the operations of Section 109(1)(g) of the 1999 Constitution.

“In view of the foregoing, we hereby demand that the Commission performs its constitutional duties and begin the process of conducting a Fresh Election to fill the vacancies created in the 27 State Constituencies by the unlawful act of the Assembly members. Find attached the list of the 27 State Assembly Members and their Constituencies.

“While thanking the Commission for its commitment to deepening democracy in our country, please accept the assurances of our highest regards.”

Damagun writes INEC to conduct by-election for 27 vacant Rivers assembly seats

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Nigeria would have been better under Peter Obi, too much nepotism under Tinubu – Senator Abaribe

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1 day ago

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November 26, 2024

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Nigeria would have been better under Peter Obi, too much nepotism under Tinubu – Senator Abaribe

 

Nigeria would have been better than what it is currently if Peter Obi, candidate of the Labour Party (LP), had won the 2023 elections, the senator representing Abia South, Enyinnaya Abaribe, has said.

Abaribe, who spoke on ‘Politics Today,’ a Channels Television programme, on Monday, said Obi would not have been as nepotistic as the administration of President Bola Tinubu.

“Number one, he would not be as nepotistic as this government; he won’t; it’s not in him. That is just who we are; we feel for the other people.”

The lawmaker called attention to Tinubu’s appointment of four ministers from Ogun alone, noting that many other states have just one.

“I say it, and I don’t think so. We are seeing it everyday. I just gave you one example. How can Ogun state have four ministers? Why does he favour Ogun state? Oyo state has only one minister,” Abaribe said.

”The nepotism of Buhari, which nobody followed, has now deepened under President Tinubu because Buhari did it, and nobody said much. I was the only person shouting.”

He said that rather than waiting for presidents to be fair to the people of the south-east, it is high time people of the zone went back to revamp it, make it more livable, better, and more cohesive.

“It’s obvious that if we continue to look at whoever becomes president, they will look at us and do us right. Apart from Obasanjo and maybe Jonathan, I do not think that we have seen that same type of fairness,” he said.

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