PDP Crisis: Court Asked to Sack Ayu-led NWC over Alleged Unlawful Convention

Alex Enumah in Abuja

A Federal High court in Abuja has been asked to dissolve the Senator Iyiocha Ayu-led National Working Committee (NWC) of the People’s Democratic Party (PDP).

The plaintiff, one Chukwuma Chinye, premised the request on the grounds that the national convention of the PDP held in October last year that produced Ayu as Chairman of the PDP was invalid and that the process also violated part of the laws of the PDP.

In the suit dated August 31 but filed on September 2, plaintiff is claiming that the convention of the PDP that produced the current leadership of the party was invalid, null and void and of no effect since it was not conducted under the former Chairman, Prince Uche Secondus, who by law was the authentic Chairman of the party.

Plaintiff’s lawyer, Mr. P. T. Akan, is claiming that following the pronouncement of the National Judicial Council (NJC) condemning an interim order of two different High Courts that restrained Secondus from performing his function as Chairman of the PDP’s NWC, National Executive Committee (NEC), all activities of the NWC and NEC carried outside Secondus are unlawful and of no effect.

Amongst the issues for determination are that “Whether having regards to the fact that the interim orders of injunction made by the High Courts of Rivers and Cross River States in Suit No. PHC/2183 CS/2021 and HC/240/2021 dated 23” and 27” of August, 2021 respectively, by operation of the law were invalid, null and void as their lifespan had elapsed by effluxation of time and having regard also to the pronouncement of the National Judicial Council (NJC) that the same interim orders were granted by the trialJudges without the requisite jurisdiction and constituted an abuse of court’s process, the said orders were not rendered invalid, ineffective, null and void.

“Whether having regard to the fact that the orders mentioned in one (1) above were by operation of the law rendered invalid, it was proper and appropriate for the 1st Defendant to rely on them to exclude, prevent and remove Prince Uche Secondus the National Chairman at that material time from performing the Constitutional toles and duties vested in him by Articles 33(1)(a) and 35(1}(b) of the Constitution of the 1st Defendant which authorised and empowered him exclusively to be the Chairman and Presiding Officer in the affairs and conduct of the National Convention which took place on October 30 and 31, 2021.

“Whether the purported removal of Prince Uche Secondus, the National Chairman of the 1st Defendant from office based on the Interim Orders of the High Courts which in the eyes of the law were invalid, null and void and ineffective his removal and replacement is not unconstitutional, inequitable and unjust.

Plaintiff further asked the court to determine whether the conduct of the convention without due recourse to the PDP’s law that accords 35 percent of elective offices to women, the PDP did not breach its own law.

Plaintiff submitted that if the questions raised were determined in his favour then the court should subsequently declare that, “the National Convention that took place on October 30 and 31, 2021 is invalid, null and void for reasons of non-compliance with Article 6(7) of the Constitution of the PDP which stipulates that 35% of the Offices shall be reserved for the Women.

“An Order of Perpetua! Injunction restraining the 2nd – 20th Defendants from further performing the functions of the National Chairman and Members of the National Working Committee (NWC) of the PDP and from parading themselves as National Chairman and Members of the National Working Committee of the PDP or doing or causing to be done any acts in that capacities and from exercising any of the powers or performing any of the functions or enjoying any of the privileges of these offices.

“An Order directing the PDP to conduct an emergency National Convention in accordance with the provisions of its Constitution to elect the National Chairman and Members of the National Working Committee within ninety (90) days from the date of the judgment of this Honorable Count.

“An Order directing the National Electoral Commission (INEC) from according further recognition to the 2nd – 20th Defendants until a fresh National Convention is held and National Working Committee (NWC) Officers are elected.

While the PDP is the 1st defendant, Ayu and other members of the NWC are 2nd to 20th and INEC, 21st defendants respectively.

No date has been fixed for the hearing of the suit.