Nigeria: PDP ignores Court of Appeal…obeys High Court

Feb. 16, 2013

by Akinmola Ade

PDP ignores Court of Appeal implements High Court decision

The National Working Committee of the Peoples Democractic Party PDP in a bizzaire political move has sacked the South West zonal leadership of the party in its move to pander to the mood of the Presidency against former President Obasanjo ,claiming that it was in obedience to the ruling of Federal High court which had ruled that the zonal congress was nullified for failing to accommodate the delegates of a faction of the PDP in Ogun state led by acknowledged drug baron,Buruji Kashamu.

However the Court of Appeal sitting in Lagos presided over by Justice H M Ogunwumiju had granted a stay of execution of the same order pending the Appeal filed by the Segun Oni led PDP zonal executive since May 25 2012. The Bamanga Tukur NWC and Oyinlola ,the National Secretary had also benefited from the stay as it avoided the contempt charge slammed on it by the High court using the same Court of Appeal ruling.

In the ruling the court ruled that “We are firmly convinced that the balance of justice lies in the stay being granted.The res in this case cannot be destroyed by either party but the liberty of any of the applicants if taken by contempt proceedings cannot be easily restored.An order of stay of execution or further execution of the judgement and orders of Hon Justice CE Archibong of the Federal High court Lagos in suit NO FHC/L/CS/1248/2011 delivered on 27/1/11 is hereby made. All contempt proceedings shall stay to abide the outcome of the Appeal in the said suit.Order as prayed.”

However it was learnt that since the National Legal Adviser was tactically precluded from giving his advise and a private Legal practitioner Chief Joe Gadzama SAN was invited who also played along with Tukur, the party pretended to have forgotten about the Court of Appeal ruling which superseded the High court.

The decision of the party which many termed political and a back stabbing ploy to dismantle the South West chapter of the PDP has over reached the Court of Appeal.

In a brisk reaction the Society for the Rule of Law in Nigeria SRLN called on the PDP to go the whole hog to implement the High court order which also voided all elections conducted by the PDP at the National Convention.

In a statement by the National Coordinator,Comrade Chima Ubeku, the group said since the National Working Committee has shot itself in the leg by ignoring the Court of Appeal and obeying a lower court,it is against the tenet of the rule of law to chose and pick which court order to be obeyed,hence the entire National Working Committee stand dissolved by the same order .

According to the judgment“That the South West zonal congress of the Peoples’ Democratic Party held in Osogbo, Osun State, on 21st March 2012 involving the election of delegates to the National Convention of the party is hereby set aside and accordingly nullified.

“The election of officers at the National Convention of the 1st respondent (PDP) involving only those that emerged as purported elected delegates from South West zonal congress of the 1st respondent (PDP) is hereby set aside and accordingly nullified.”

The group said since Bamanga Tukur emerged from the same convention which produced Oyinlola, the National auditor and other NWC members, then it would be Honorable for all NWC members to resign and another Convention of the PDP held to chose all national officers of the party.

“The alternative and the right thing is for the PDP to uphold the sanctity of judicial hierarchy and rescind its decision to sack the South West zonal executive as it seems that the NWC was beclouded by the hurriedness to mow down Obasanjo and the Governors rather than obey the rule of Law” the group said.

View Court Ruling: 25-May-2012 -01.pdf

Contributed to NewsRescue