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| Bamanga |
Leader of the PDP forum, Ikenga Ugochinyere, said the 2012 PDP
Constitution, which is an amendment to the 2009 (amended) Constitution,
has been altered to question its integrity.
Another group in the party has also warned against the removal of
some members of the National Working Committee (NWC), saying doing so
would be a contempt of court, as there is a subsisting order by the
Federal High Court, sitting in Abuja, against their sack or resignation.
However, the party’s National Chairman, Alhaji Bamanga Tukur, yesterday
got the backing of President Goodluck Jonathan’s ally, Chief Edwin
Clark, in the ongoing lobby to retain his job in the wake of the efforts
to overhaul the leadership of the party.
Ugochinyere also yesterday called for a probe of the PDP constitution, alleging its amendment did not follow the procedure stipulated in the document.
Ugochinyere also yesterday called for a probe of the PDP constitution, alleging its amendment did not follow the procedure stipulated in the document.
According to him, “the said 2009 PDP Constitution outlined procedure
for amendment of the constitution in Article 26, particularly Article
26.2 and 26.3 which provides generally that notice of amendment to the
constitution shall be given to the national secretary, which shall be in
writing and shall contain a clear statement of the amendment sought and
the reasons for the amendment.
“That the secretary upon receipt of the notice shall cause it to be
circulated to the state branches of the party for publication at least
one month before the date of the national convention. There was never a
time the national secretary received notice of amendment or caused to be
circulated to the state branches of the party amendments to Article
12.74, which deals with the meetings of the National Executive Committee
and Article 21.4, which deals with disciplinary procedure.
“However for clarity, Article 12.74 of the 2009 (amended) PDP
constitution provides that: 'the National Executive Committee shall meet
at least once in every quarter at the instance of the chairman or at
the request of two-thirds of its membership, who shall notify the
chairman at least seven days prior to the meeting and an emergency
meeting be summoned by the national chairman having regard to all the
circumstances of the agenda'.
“Our interest is in the second arm of the above article which mandates
the national chairman to summon an emergency meeting of NEC at the
request of two-thirds of its members."
“The framers of the law carefully chose the word “be” in summoning the emergency meetings of NEC by the national chairman, thereby making it mandatory for the chairman to summon the NEC emergency meetings at the request of its members. This means that the chairman has no option than to summon the meeting at their request as it is not at his discretion.
“The framers of the law carefully chose the word “be” in summoning the emergency meetings of NEC by the national chairman, thereby making it mandatory for the chairman to summon the NEC emergency meetings at the request of its members. This means that the chairman has no option than to summon the meeting at their request as it is not at his discretion.
“To our astonishment, this was subtly doctored in section 31 (4) of the 2012 (amended) PDP Constitution by discreetly inserting the word “may” in summoning meetings of the NEC by the chairman at the request of two-thirds of its members thereby making it optional for the chairman to summon meetings. This illegal alteration has radically eroded the essence of emergency meetings of NEC, as meetings can now only be summoned at the pleasure of the national chairman”, he said.
Ugochinyere also faulted the resignation of some members of the NWC and plans by the party to hold a mini convention on July 15, adding that it contravenes the Electoral Act.
Also, a group, under the aegis of the Movement for Change and Empowerment in the Peoples Democratic Party (MCE – PDP), said any attempt to remove Tukur and others would be subjudice and ultra vires.
In a statement by its National Coordinator, Mr. Kola Dakova-Vaughan,
the group cited a suit pending before the Federal High Court in Abuja in
which Justice Adamu Bello ordered parties to maintain status quo.
“Justice Bello, while granting the application, noted that ordinarily, parties are bound by the doctrine of lis pendens to refrain from tampering with the res (subject of dispute) in a case before a court, but that in Nigeria it is not always the case.
“By the court's order, the PDP and INEC (being the only parties in the case) are to maintain status quo pending the hearing and determination of the originating summons,” it said in a statement.
The PDP had filed the suit against the Independent National Electoral Commission (INEC), asking the court to determine whether, one year after the party's last national convention was concluded, anyone could use the INEC's report on the convention, which complained about the procedure for election of some members of the party's NWC, for any purpose.
It sought, among others, a declaration that any complaint about the national convention must be made within 48 hours and therefore, can no longer be made a year after the convention was concluded.
Meanwhile, Clark has thrown his weight behind Tukur, stating that there was no reason for him to resign as his election was not faulted by the INEC report.
Clark, in a statement he signed, also alleged that there were plans to make the country ungovernable for the president by fuelling crisis in the PDP.
“Justice Bello, while granting the application, noted that ordinarily, parties are bound by the doctrine of lis pendens to refrain from tampering with the res (subject of dispute) in a case before a court, but that in Nigeria it is not always the case.
“By the court's order, the PDP and INEC (being the only parties in the case) are to maintain status quo pending the hearing and determination of the originating summons,” it said in a statement.
The PDP had filed the suit against the Independent National Electoral Commission (INEC), asking the court to determine whether, one year after the party's last national convention was concluded, anyone could use the INEC's report on the convention, which complained about the procedure for election of some members of the party's NWC, for any purpose.
It sought, among others, a declaration that any complaint about the national convention must be made within 48 hours and therefore, can no longer be made a year after the convention was concluded.
Meanwhile, Clark has thrown his weight behind Tukur, stating that there was no reason for him to resign as his election was not faulted by the INEC report.
Clark, in a statement he signed, also alleged that there were plans to make the country ungovernable for the president by fuelling crisis in the PDP.
“Alhaji Bamanga Tukur remains authentic, validated, elected chairman of
the Peoples Democratic Party and no undemocratic manipulation can
change it or subvert.
“Under the party’s constitution and from the report of INEC, Alhaji Bamanga Tukur and five other officers of the National Working Committee [NWC] were lawfully and properly elected in the last convention of the party. While six or eight other officers were alleged not to have been properly elected on the grounds that the guidelines provided by the party were not followed. Is it an offence of the national chairman who was not in office that the guidelines were not followed? What is therefore required, is for a mini convention to be held by its NEC meeting on Thursday June 20, 2013.
“It is most disturbing that the party machinery is being manipulated by disloyal party members in collaboration with the opposition for no valid just cause simply because they are nominated members into the National Working Committee and have either been removed by court action or party disciplinary process,” he said.
Clark also alleged that there are plans to make the country ungovernable, saying, “there is also the move within the party that they will make the country ungovernable for President Goodluck Ebele Jonathan. Apart from creating security tension in the country which is failing, they resort now to manipulate the party, this, too shall fail”.
“Under the party’s constitution and from the report of INEC, Alhaji Bamanga Tukur and five other officers of the National Working Committee [NWC] were lawfully and properly elected in the last convention of the party. While six or eight other officers were alleged not to have been properly elected on the grounds that the guidelines provided by the party were not followed. Is it an offence of the national chairman who was not in office that the guidelines were not followed? What is therefore required, is for a mini convention to be held by its NEC meeting on Thursday June 20, 2013.
“It is most disturbing that the party machinery is being manipulated by disloyal party members in collaboration with the opposition for no valid just cause simply because they are nominated members into the National Working Committee and have either been removed by court action or party disciplinary process,” he said.
Clark also alleged that there are plans to make the country ungovernable, saying, “there is also the move within the party that they will make the country ungovernable for President Goodluck Ebele Jonathan. Apart from creating security tension in the country which is failing, they resort now to manipulate the party, this, too shall fail”.
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