Court Sacks Ebonyi PDP Caretaker Committee

Benjamin Nworie in Abakaliki

A Federal High Court in Abakaliki, the Ebonyi State capital, last Wednesday sacked the Caretaker Committee of the Peoples Democratic Party (PDP) chaired by Elder Fred Udeogu, describing it as illegal.

The presiding Judge, Justice Aluko Akintayo, in a three-hour judgement, ruled that the purported dissolution of the executive committee of the PDP in the state led by Onyekachi Nwebonyi, was not only absurd but inconsistent with the provisions of the party’s constitution as well as the Constitution of Nigeria.

Justice Akintayo noted that the party acted harshly without any evidence of wrong doing against the plaintiff, adding that the defection of the state Governor, David Umahi, to the APC was in exercise of his fundamental human right of freedom of association, and cannot be a justifiable ground to remove the plaintiff from office.

The court also ordered the Independent National Electoral Commission (INEC) not to recognise the purported caretaker committee constituted by the national leadership of the PDP in Ebonyi State.

The plaintiff, Nnachi Okoro, had in the legal suit argued that his purported removal from office as the legal adviser of the PDP by virtue of the purported dissolution of the State Executive Committee of the party without fair hearing was contrary to the party’s constitution and the Nigerian Constitution.

The court further ruled that in view of Section 2 of the PDP constitution, which is subject to the Constitution of the Federal Republic of Nigeria, there was no justification for the leadership of the party to have breached its own constitution.

The court maintained that the plaintiff, having been duly elected to serve as the legal adviser to the PDP, had acquired a vested right to occupy the office until his tenure elapsed.

Consequently, the court declared the action of PDP illegal, null and void, and ordered the party not to recognise any other legal adviser in Ebonyi State until the expiration of the plaintiff’s tenure.

Mazi Igbo Michael, who appeared for the defendants’ lead counsel, Kenneth Jamanze (SAN), in an interview, said they would meet and decide on the next action.

Reacting, Nwwbonyi welcomed the judgment, saying it is a victory for democracy.

Nwebonyi said by the outcome of the judgment, he remained the authentic chairman of the party in the state.

But the legal adviser to the Fred Udeogu-led PDP executive, Mudi Erhenede, said they would appeal the judgment, adding that they would get a stay of execution against the ruling, pending the determination of substantive appeal.