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Court confirms the sack of Amodu Sheriff

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A Federal High Court sitting in Port Harcourt on Monday declared that the May 21, 2016 National Convention of the Peoples Democratic Party, PDP, was duly constituted, declaring that the dissolution of the National Working Committee and the National Executive Committee by that convention were valid.

(Photo above: L-R: Former Deputy National Chairman,  Prince Uche Secondus, Secretary of PDP Caretaker Committee, Senator Ben Obi and Member of PDP Caretaker Committee,  Prince Dayo Adeyeye  at the Federal High Court premises in Port Harcourt on Monday.)

Counsel to the PDP, Dejo Lamikanra, SAN, addressing  journalists  after the judgment of Justice Abdullahi Liman of the Federal High Court on Monday in Port Harcourt.

In his judgment on the suit filed by the PDP against Senator Ali Modu Sheriff and others, Justice Abdullahi Liman declared that the appointment of the Caretaker Committee of the PDP to oversee its affairs was legal and in line with the provisions of the PDP constitution.

Justice Liman said that Article 31 (1) of the PDP constitution vested the powers to convene a national convention on the National Executive Committee of the party. The court held that pursuant to the constitution of the party, the former Acting National Chairman had no powers to unilaterally postpone the properly constituted national convention on a day all delegates had converged on Port Harcourt, the host city.

He described the action of Senator Ali Modu Sheriff as most unconscionable , pointing out that the former Acting National Chairman participated in all the processes leading to the National Convention, only to make a u-turn at the final minute after he was screened and disqualified.

The court ruled that after Sheriff was disqualified following his screening, the only option that was left to Senator Sheriff was to have gone to the venue of the National Convention to seek the opinion of delegates whether they were prepared to go on with the convention or not. According to Justice Liman, the absence of Senator Ali Modu Sheriff from the convention did not visible from the process as his powers were not usurped. The court declared that under Article 35 (b) of the PDP constitution , in the absence of the Chairman, the Deputy Chairman was empowered to preside over the National Convention.

It therefore ruled that the May 21st, 2016 PDP National Convention was properly constituted and the decisions taken at the convention, valid. The Federal High Court further ruled that in line with Article 33 (2) of the PDP constitution, the National Convention of the party is supreme and can exercise the powers to dissolve the National Working Committee and the National Executive Committee of the party.

On the issue of the abuse of court process claimed by the Former National Acting Chairman, Senator Ali Modu Sheriff, the court held that the plaintiffs in the case in question are not the same in the cases mentioned by the defendants, noting that the plaintiffs suit only centred on the National Convention.

The court noted that five days to the National Convention, the Former Acting National Chairman, Senator Ali Modu Sheriff had through his counsel’s dissociated himself from one of the suits they filed via proxies. Justice Liman emphasised that there was no suit challenging the conduct of the National Convention in Port Harcourt and that no injunction sought to stop the convention.

Addressing journalists after the judgment, Counsel to the PDP, Dejo Lamikanra (SAN) said that the judgment settles all the contending issues concerning the PDP. He said with the judgement, the decision of the National Convention to appoint a Caretaker Committee stands and that Senator Ali Modu Sheriff was duly sacked.

In his remarks, Secretary of the Caretaker Committee, Senator Ben Obi declared that the Caretaker Committee will now settle down to carry out the responsibility bestowed on it by the National Convention. Counsel to Senator Ali Modu Sheriff, Mr John Martins Abu commended the court for its judgment.

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APC

BREAKING: Ayade Decamps From PDP to APC After APC Governors Paid a Visit to Cross River

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Ben Ayade Decamps From PDP to APC After APC

Cross Rivers state governor Ben Ayade has officially defection from PDP to joined the ruling All Progressives Congress (APC) after some governors from the ruling party paid him a visit yesterday to persuade him to defect from the Peoples Democratic Party (PDP).

Ayade defection was confirmed by the Director General media and press to governor Mai Mala Buni, Mamman Mohammed.

Mohammed said governor Buni has officially received the former PDP governor in Cross Rivers state this morning.

All Progressive Congress (APC) Governors on Wednesday evening arrived Calabar, capital of Cross River to persuade Governor Ben Ayade to defect from the Peoples Democratic Party (PDP).

They arrived two weeks after a delegation of Governors Forum of the PDP visited to dissuade him from leaving the party.

The APC delegation was led by Yobe Governor Mai Mala Buni, who is also the National Caretaker Committee chairman of the APC.

Buni arrived Calabar on Wednesday evening to join his Imo counterpart, Governor Hope Uzodima who had been on ground.

Ebonyi Governor Dave Umahai and a number of other Governors of the APC are also expected to arrive the state.

They are billed to have a meeting with Ayade on Thursday morning in the State Executive Chambers.

Sources informed The Nation the Governors will also meet with some stakeholders of Cross River politics on the benefits of joining the ruling party.

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Coronavirus

COVID-19: Buhari has no direction, protect yourselves – PDP Tell Nigerians

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Buhari has run out of ideas regarding COVID-19.

The Peoples Democratic Party, PDP, has urged Nigerians to do everything possible to protect themself from contacting Coronavirus.

It claimed that President Muhammadu Buhari has run out of ideas regarding COVID-19.

PDP said because the lockdown is relaxed, Nigerians should protect themselves because Buhari and his government haven’t any plans to rescue them from the jaws of COVID-19.

A statement by PDP’s National Publicity Secretary, Kola Ologbondiyan said Buhari had did not find direction within the fight against the spread of the virus.

PDP charged Nigerians to not “resign to fate and jeopardize their lives following President Buhari’s failure to seek out direction within the fight against the spread of COVID-19 in our country despite the large resources at his disposal.”

The opposition party also described the Presidential Task Force on COVID-19 as incompetent.

PDP said Buhari Presidency and its “incompetent Presidential Task Force (PTF) on COVID-19 had compounded things by crippling the economy after which they’re now leaving Nigerians to their fate without providing any therapeutic or operable containment strategy to stem the rising spread and fatalities of COVID-19 in our country.

“Our party notes that the inept leadership of Buhari Presidency did not engage our indigenous doctors and makers for home grew solutions in therapeutics, test kits, and ventilators; resulting in an avoidable spike of the pandemic in our country,” the party added.

The gradual lockdown in Abuja, Lagos and Ogun States as directed by Buhari is predicted to start out today, May 4.

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Coronavirus

PDP Senators Praises President Buhari Over speech

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 PDP Senators Disagree with the party, Praises Buhari Over speech.

The Caucus of the Senate, yesterday, disagreed with the Peoples Democratic Party (PDP), on President Buhari speech on COVID-19 pandemic.

Instead, the caucus commended the Federal Government’s approach to combating the ravaging COVID-19 as contained in President Buhari’s Sunday evening national broadcast to Nigerians.

In a statement released in Abuja by the Senate minority leader, Enyinnaya Abaribe, the caucus said they had expected the presidency to interact the National Assembly more in a number of the statutory policy areas, and they need to recognize the very fact that these are unusual times which will require quick policy responses.

“These are dangerous times within the world and indeed an unusual situation for our dear country. Therefore, the PDP caucus described as a step within the right direction the President’s broadcast and policy measures, which we believe while being short on prioritizing the poor and vulnerable in our society. Nevertheless, if properly implemented will keep our people safe from this deadly virus,” he said.

Abaribe assured that the caucus is prepared to figure and have interaction during a bipartisan manner with the presidency and is even able to reconvene should the necessity arise to ensure that the country keeps off the Covid-19 virus, which has kept the whole world on its toes.

However, the caucus asked for accurate monitoring of the disbursement of the palliative measures to make sure that it gets to the people they’re meant for and also urged humane approach by the relevant security agencies while strictly implementing the rules that have got to do with the restrictions of movement of our people.

“The security agencies should bear in mind that these are unusual times and first of it’s kind that Nigerians are going to be asked to remain mostly reception and maintain social distance. Intrinsically the approach should be more of humane engagement instead of the appliance of force,” Abaribe added.

Nonetheless, the PDP caucus consistent with Abaribe advised Nigerians to stick strictly to the federal directives and other containment measures unrolled by the National Center for Disease Control (NCDC) and, therefore, the World Health Organization (WHO) adding that doing so, would put the ravaging virus cornered.

“It might be tough, but the measures are necessary now if we must survive this deadly scourge and emerge stronger after,“ Abaribe added.

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APC

Benue LG Polls: PDP Kicks, as court rules in Favour of BSIEC, APC

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A Federal High Court sitting in Makurdi, on Friday, delivered judgement in a suit filed by the Chairman of People’s Democratic Party (PDP) in Benue State, Hon. John Ngbede, the 23 Chairmanship candidates and 276 councillorship candidates of the party for the Saturday, 3rd June, 2017 local government election in the state.

The plaintiffs had instituted a case against one Mr. Dan Ale, the Benue State Independent Electoral Commission (BSIEC), the Independent National Electoral Commission (INEC), the Commissioner of Police in Benue and the State Attorney-General and Commissioner of Justice.

BSIEC, the election umpire in the state, had rejected the candidate’s list submitted by the state executive, under the leadership of Ngbede; citing that the National Chairman of the party, Ali Modu Sheriff had instructed that the commission should only entertain the list from Mr . Ale, who, according to Sheriff, was the authentic state chairman of the party.

In the originating summon, the plaintiffs sought to know, whether, in accordance with section 223 of the 1999 constitution of Nigeria (as amended) and articles 25,47 and 49 of PDP constitution, the John Ngbede led state executive, having emerged through the State Congress on 10th May, 2016, did not have right to submit candidate’s list to BSIEC, ahead of the poll.

The party also, among other things, urged the court to make an order of declaration, for the Nigeria Police to seal off the “illegal” office currently being operated by Mr. Ale in Makurdi, to polarise the party.

It also cited the judgement of an Appeal Court in Port Harcourt on 17th February, 2017, which affirmed the chairmanship of Sheriff, with a clause that, “the status quo ante should be maintained.”

Counsel to the Plaintiffs, Kehinde A.T. (SAN), argued that, going by the Appeal Court judgement, John Ngbede-led state executive was the status quo of the party, having emerged through the hierarchy of state Congress, before the botched National Convention of Port Harcourt.

On their parts, the defending counsels submitted that the court lacked jurisdiction to entertain the suit, adding that section 251 of the 1999 constitution (as amended) stipulated those matters that a federal high court could entertain.

Ruling on the issue of jurisdiction, the presiding Judge, Oneke JHC said, “the Federal High Court derives its jurisdiction from section 251(1) of 1999 constitution. I found merit in the arguments of 1st and 2nd defendants in their preliminary objections, and hereby declare that, this court lacks jurisdiction to hear this matter.”

The Judge, however, delved into the substantive matters, by deciding the issues formulated in the originating summon.

On the argument, whether Dan Ale’s list could be taken by BSIEC as valid, against the list submitted by John Ngbede, which emerged through primaries that was monitored by BSIEC, INEC and security agencies; the judge ruled that, article 50 (1) of the PDP constitution gives the National Secretariat of a party the right to rectify list of party candidates “for elections into public offices, at all levels.”

The Judge also cited Okafor vs Onuora (supra), Khaki vs PDP, as decided at the Supreme Court, that the issue of nomination of candidates was purely an internal affairs of the party and as such, BSIEC was right to have fielded the list from Dan Ale, having recieved letter from the National Secretary of the party.

He was, however, silent over the argument by the Plaintiffs counsel that, the Appeal Court judgement of Port Harcourt gave legitimacy to John Ngbede-led executive, having emerged before the May 21st, 2016 botched national convention.

Meanwhile, the Peoples Democratic Party in Benue State, has reacted to the development.

Addressing party supporters at the state secretariat of the party in Makurdi, shortly after the judgement, the state chairman, Hon. John Ngbede, described the judgement as unfortunate and unacceptable.

He urged PDP members across the state to be law abiding and go about their normal businesses, saying the legal team of the party were putting heads together for the next action in the legal tussle.

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