a Federal High Court in Abuja to sack the G5 Governors for
defecting to the All Progressives Congress (APC) has been
faulted and dismissed as an exercise in futility.
"Now that PDP is at the receiving end of the same medicine they administered on others and they are window shopping for ways to have their cakes after devouring them.
What a pity as about seven more PDP Governors will be
joining APC by the first quarter of 2014 at that time they will
be preparing on how to bury PDP formally by 2015."
"The suit is laughable and betrays the ignorance of the PDP
leadership about the laws of the land. It is also a further demonstration of the impunity associated with PDP in its
disdain for democracy and due process," erstwhile National
Publicity Secretary of New PDP, Chief Eze Chukwuemeka
Eze, said in a statement issued on Sunday in Abuja.
Eze quoted relevant sections of the 1999 Nigerian Constitution to prove that the seats of the affected governors, namely, Alhaji Murtala Nyako (Adamawa), Rotimi Amaechi (Rivers), Alhaji Magatakarda Wamakko (Sokoto), Alhaji Rabiu Kwankwaso (Kano) and Alhaji Abdulfatai Ahmed (Kwara), are safe.
According to him, "For the education of the confused PDP
leadership and its legal team, there is no danger of any of our
Governors losing their seats as made clear by sections 68(1)
(g) and 109(1)(g) of the 1999 Constitution of the Federal
Republic of Nigeria (as amended) in relation to the status of
members of a legislative house (state and national) who defect
from the political parties from which they were elected to join
another political party.
"The wordings of the aforesaid sections are in agreement with
those of sections 64(1) (g) of the 1979 Constitution of the
Federal Republic of Nigeria given judicial interpretation by
the Supreme Court in the case of FEDECO Vs Goni (1983)
FNR 203. That case was argued by the best legal minds of
that era (Chief FRA Williams SAN and GOK Ajayi SAN).
The court held that such a member keeps his seat if his
defection is as a result of a division or split in his party.
"G5 Governors must be commended and congratulated for
standing against the draconian and undemocratic acts of PDP
and should go about their normal business as both PDP and its
sponsors lack the power to sack any of them. This as well
covers all members of the National Assembly who desire to
join the Aso Rock-bound train (APC) come 2015."
Eze said it was not debatable that PDP is crisis-ridden, thus
guaranteeing that none of its members who defects can be
punished as a result. He quoted and attached a recent letter by
the Independent National Electoral Commission (INEC)
voiding the suspension of Prince Olagunsoye Oyinlola, Alhaji
Abubakar Baraje and Dr. Sam Sam Jaja as proof that PDP is
in crisis.
The letter signed by INEC's Secretary, Mrs. Augusta
Ogakwu, was dated November 25, with reference number
INEC /EPM/PDP/02/024/Vol.T/161 and titled: 'Re:
Suspension of Alhaji Abubakar Baraje, Dr. Sam Sam Jaja,
Prince Olagunsoye Oyinlola and Ambassador Ibrahim Karaure
from the PDP". The letter, addressed to the National Chairman of the PDP, Alhaji Bamanga Tukur, reads: "This is to acknowledge the receipt of your letter dated November 12,
2013 informing the commission on the suspension of four
members of your party.
"The commission notes that some of the individuals so
suspended held positions covered by the provisions of section
85(1) of the Electoral Act 2010 (as amended) and that no
notice of the meeting which approved their suspension was
provided to the commission. "Accordingly, the records of the
commission does not reflect the process and composition of
the meeting that approved the suspension of the individuals,
as such, the commission cannot establish an informed position
on the matter "Please accept the commission's highest regard
and consideration".
Eze supported INEC's position by quoting Section 85 (1) of
the Electoral Act 2010 (as amended), which states thus:
"Every registered political party shall give the commission at
least 21 days' notice of any convention, congress, conference
or meeting convened for the purpose of electing members of
its executive committees, other governing bodies or nominating candidates for any of the elective offices specified
under this Act."
The former New PDP Spokesman accused PDP of mischief
for instigating the Houses of Assembly in the affected states
to start impeachment proceedings against the defected Governors as being witnessed in Rivers State, where six rebel
legislators are desperately trying to impeach Governor Chibuike Rotimi Amaechi. He warned PDP to desist from any
further act of destabilisation capable of plunging the country
into chaos and truncating the country's hard-won democracy.
Chief Eze asked how come that PDP received Chief TA Orji
of Abia State and Chief Ikedi Ohakim, a former Governor of
Imo State that defected from PPA and Alh. Isa Yuguda of
Bauchi State who defected from ANPP and joined PDP
without declaring their seats vacant.
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