Fresh suit seeks Mu’azu’s removal as PDP chairman

Fresh suit seeks Mu’azu’s removal as PDP
chairman
A member of the Peoples Democratic Party,
Emmanuel Onu, has filed a fresh suit asking the
Federal High Court in Abuja to remove Alhaji
Adamu Mu’azu as the National Chairman of the
party.
Onu asked the court to remove Mu’azu and
reinstate the immediate past National Chairman
of the party, Alhaji Bamanga Tukur, whose
resignation on January 15, 2014, the plaintiff
argued failed to comply with the provisions of
the party’s constitution.
Mu’azu was on January 15, appointed by the
party’s National Executive Committee to succeed
Turkur, who the plaintiff argued resigned under
circumstances that never followed due process.
A lawyer and a member of the PDP, Ezionye
Ndubuisi, had on September 23 filed a similar
suit before the same court seeking an order
sacking Mu’azu as the PDP National Chairman.
Ndubuisi had asked the court to remove Mu’azu
on the grounds that he did not emerge as the
National Chairman of the party through an
election at a special convention of the party as
stipulated by the party’s constitution.
The older case has yet to be heard by the court.
Onu, who anchored his fresh suit on grounds
similar to those of Ndubuisi, joined as
defendants, the PDP, Mu’azu and the
Independent National Electoral Commission.
He argued that the resignation of Tukur and the
subsequent appointment of Mu’azu violated
sections 47(5) and (6) of the PDP Constitution
2012.
His counsel, Mr. Elochukwu Nweke, stated in his
written address accompanying the suit, “A literal
interpretation of section 47(5) is that a letter of
resignation of an elected officer of the 1st
defendant (PDP) serves as a notice and as such
a letter becomes operational after the period of
30days elapses. This is to enable the Executive
Committee time and room to carry out the
process of filling the vacancy.
“Also a literal interpretation of section 47(6) is to
the effect that if such an election cannot be
conducted within a period of 30days, an
appointment ought to be made by the
appropriate committee and until and election is
conducted. By necessary implication, it is
mandatory that election shall be conducted
thereafter.”
The plaintiff said instead of complying with the
provisions of the party’s constitution, what
transpired was that “On 15th day of January,
2014, a purported envelope containing a
resignation letter by Alhaji Bamanga Tukur was
presented to National Executive Committee.
“The committee debated it and accepted the
same day. On 20th day of January, 2014, Alhaji
Adamu Mu’azu was appointed the National
Chairman of the 1st defendant.”
He added, “We firmly state that the emergence
and appointment of the 2nd defendant (Mu’azu)
within a period of five days was premature,
invalid and unconstitutional.
“The appointment of the 1st defendant is
tantamount to putting the cart before the horse.”
http://www.punchng.com/news/fresh-suit-seeks-muazus-removal-as-pdp-chairman/