PDP crisis: Tukur under fresh fire

A fresh crisis is looming between the National Chairman of the Peoples Democratic Party (PDP), Alhaji Bamanga Tukur, and some members of the National Working Committee (NWC) of the party over plans to conduct a fresh election in the South-West into the office of the PDP National Secretary.

The proposed election will lead to the replacement of the sacked National Secretary of the party, Prince Olagunsoye Oyinlola. Oyinlola was removed after a judgment delivered by Justice Abdu Kafarati of the Federal High Court Abuja on January 11, 2013.

Tukur had been quoted as saying: “The caretaker committee currently in place (in the South-West zone) will hold a fresh congress where a new secretary will be elected. It is a process and I can assure you that the office is not being taken away from the zone.”

Investigation, however, revealed that members of the NWC were shocked that Tukur made such a pronouncement in spite of the ongoing cases against the party at the Federal High Court and the Court of Appeal.

A top NWC member said: “Some of us were shocked to read about the pronouncement of the National Chairman because we have not taken a decision to declare Oyinlola’s seat permanently vacant because there are many pending cases in court.

“Some of us will not be against any action that will be subjudice against the court process.

“I do not think we can be talking of reconciliation and at the same time be taking steps that are capable of complicating the crisis at hand.”

Another source in the NWC said: “This election is not a collective decision of the NWC. This is why our members have been calling for a meeting of the National Executive Committee (NEC) to resolve this kind of challenge.

“I think the National Leader of the party, President Goodluck Jonathan, and the Chairman of the Board of Trustees of the party, Chief Tony Anenih, need to intervene and stop this plan to conduct election into the office of the National Secretary.

“And if you look at the constitution, it is the constitutional responsibility of the National Convention to elect National Secretary and not the Zonal Congress.

“I am also aware that there is a motion before the Federal High Court, Abuja where Oyinlola is seeking seven reliefs.”

In a Motion on Notice filed at the Federal High Court, Oyinlola sought seven reliefs, including an order to restrain the PDP from appointing a new National Secretary pending the determination of his appeal.

The reliefs are as follows:

“An order of stay of execution of the judgment delivered on the 11th day of January 2013 by this Honourable Court in Suit No: FHC/ABJ/CS/504/2012 pending the hearing and determination of the appeal filed against it by the 1st Defendant/Applicant/Appellant.

“An order of injunction restraining the respondents by themselves, agents, servants, privies or otherwise from taking any step or further steps whatsoever to remove the applicant as the National Secretary of Peoples Democratic Party (PDP) pending the determination of the appeal filed and now pending in the Court of Appeal.

“An order of injunction restraining any member of PDP from assuming or further assuming the office of the National Secretary of PDP.

“An order of injunction restraining any member of the PDP from performing or further performing the functions of the National Secretary of the party pending the determination of the appeal filed and pending in the Court of Appeal.

“An order of injunction restraining the PDP from convening any Zonal Congress or National Congress of the party with a view to electing or selecting the National Secretary of the PDP pending the determination of the appeal filed and pending in the Court of Appeal.

“An order of injunction restraining the PDP from rectifying the records of the applicant/appellant by deleting name of the 1st defendant as the National Secretary of the 3rd respondent and replacing it with any other name.”

Also, the Osun Central chapter of the Peoples Democratic Party (PDP) has accused the National Chairman of the party, Alhaji Bamanga Tukur, of acting against the constitution of the party.

As at press time, it was learnt that Oyinlola and some concerned members of the party might table the issue before the Chairman of the Board of Trustees of the party, Chief Tony Anenih.

A party source added: “Oyinlola and other leaders from the South –West are seeking the intervention of Anenih and the BOT. Things are getting out of hands in the party. No one is happy at all.”

The Chairman of PDP in Osun Central Senatorial District, Rev. Bunmi Jenyo, yesterday said: “Alhaji Tukur himself knows that he and Prince Oyinlola as national officers of the party were products of the national convention.

“No zonal congress can elect a national officer of the party. If it is true he actually made that statement, I am sorry to say, he would be seen as deliberately working to undermine the party and subverting its constitution.

“The constitution of our party is very clear on how to elect a national officer of the PDP. The constitution says clearly that the entire country shall be the constituency of any aspirant to the party’s national offices. Are we to assume that our national chairman is unaware of the contents of our party on how he and other national officers were elected?

“Alhaji Tukur himself is a beneficiary of that provision of our constitution. When the North-East zone met before the last convention and said it had elected Babayo Shehu as its candidate for the national chairmanship, the party said no, that no zone had that power. If those at the party’s helm of affairs at that time had reasoned and acted as Tukur does now, he would not be our national chairman today. I strongly believe he was misquoted.

“The removal of Oyinlola is already being contested by him at the appeal court where he is arguing that he was elected by the national convention of the party and not at the zonal congress as held by a Federal High Court which ordered his removal.”

Meanwhile, Oyinlola has launched another attack against the leadership of the party as part of steps to regain his seat.

He has written a Senior Advocate of Nigeria, Mr. J.K. Gadzama, protesting alleged illegal advice he gave to the PDP, which led to his removal from office.

He also forwarded the protest letter to the Nigeria Bar Association, the Legal Practitioners Privileges Committee and the Chief Justice of Nigeria, Justice Alooma Mukhtar, for the records.

He said Gadzama, who has been a long-time counsel to PDP, allegedly misled the party to ignore the ruling of a Court of Appeal to remove him from office.

He also queried why Gadzama has continued to represent him at the Court of Appeal, contrary to his wish.

In the letter, Ref.OO/34/34 and dated 26th March, 2013, Oyinlola insisted that Gadzama does not have his mandate to withdraw his case before the Court of Appeal.

He accused the counsel of allegedly violating the PDP constitution in connivance with Tukur.

The letter reads in part: “It sounds almost incredible that you could go ahead to advise the National Chairman of the Peoples Democratic Party, Alhaji Bamanga Tukur, to willfully disregard the ruling of the Court of Appeal, Lagos, which granted a stay of execution on the matter; but obey the ruling of the Federal High Court, Abuja, which delivered a contentious judgment that invalidated my election as the National Secretary of the Peoples Democratic Party.

“This is against all known established rules and regulations which are capable of lowering the estimation of the Nigerian Bar in the eyes of right-thinking members of the society all over the world. It also has the potential of creating credibility problems, not only for the Nigerian Judiciary, but also for the PDP and the Federal Government of Nigeria.

“Furthermore, it is interesting to note that you have in your correspondence cited above quoted profusely from the PDP constitution, the powers and functions of the National Chairman of the Party with intent to justify your curious position.

“I note, however, that out of the ordinary, you have failed to take cognizance of Chapter 1(7)1d which highlights the fact that PDP shall ‘’promote self-respect, self-reliance and human dignity.

“Curiously, you have turned a blind eye to the provisions of the same constitution, which prescribes the mode of elections of officers of the PDP, for you to be able to offer an untainted professional advice to the party.

“Rather, I am made to believe that you completely hijacked the functions of the National Legal Adviser of the PDP for the purpose of circumventing court rulings and proceedings.”

The embattled former governor insisted that he was legally elected as the National Secretary of PDP at the National Convention of the party, and not the South-West Zonal Congress.

The letter added: “For the avoidance of doubt, and I believe that you are very well aware, given your membership of the PDP, that all national officers of the party emerged at the national convention held on March 24, 2012.

“I wish to categorically point out that the South-West Zonal Congress of March 21, 2012, on which the learned judge rested his pronouncement did not put forward Olagunsoye Oyinlola as the adopted candidate of the zone for the position of the National Secretary.

“I applied like other interested candidates and was certified eligible to contest for election into the position of National Secretary by the National Headquarters of the Peoples Democratic Party. This position is sacrosanct and ordinarily ought to earn me the support of the PDP since I was never called to question over actions taken on the Ogun State PDP crises.

“Besides, I hold the view that PDP is vicariously liable for all actions I took while in office as the National Secretary. Not once did I take any unilateral decision in line with my preference for due process in the administration of the PDP national headquarters.

“To refresh your memory and to point out the deliberate violation of the PDP constitution which you have actively encouraged in connivance with Alhaji Bamanga Tukur, let me recall that two (2) suits (FHC/L/CS/347/2012 of 27th April, 2012 and FHC/CS/282/2012) filed by the Plaintiffs at the Federal High Court had nullified the South-west Zonal Congress; from which the Plaintiffs erroneously claimed the PDP National Secretary emerged.

“However, convinced that the suits were an abuse of court process, the PDP challenged the decision of the Federal High Court at the Court of Appeal. The ruling of the Court of Appeal, Lagos Division in CA/35/2 delivered on June 25, 2012, declared that the Learned Trial Judge at the Federal High Court erred in Law by admitting the Plaintiffs averments and further granted a Stay of Execution.

“Satisfied that the Defendants (including my humble self) had merit in our averments, the Court of Appeal, Lagos Judicial Division, in its ruling delivered on the 25th June, 2012, granted us a Stay of all Proceedings predicated on Suit No: FHC/L/CS/1241/11. In normal situations, the ruling of the Federal Court of Appeal must take precedence over that of a Federal High Court. I need not point out the implication of this development to you.

“I attach herewith, for purpose of clarity and compliance with my request, my earlier letter to you dated 7th March, 2013 and your Frank Egboh’s letter to me dated Tuesday, March 19, 2013; which I am sure he must have forwarded to you as your employee/partner; and for whose actions you are vicariously liable.

“Please permit me to inform you, out of expediency, that I am forwarding copies of these letters to the Chief Justice of Nigeria, Hon. Justice Aloma Mukhtar (GCON), who is also the Chairman of the Legal Practitioners Privileges Committee; the President of the Nigeria Bar Association, as well as the Chairman of the Disciplinary Committee of the Nigerian Bar, for purposes of their record, and possible further necessary action.

“Please note that if either your good self or your firm persists in imposing yourself as my lawyer without my consent, with the apparent immoral and mischievous intention of terminating my appeal and curtailing my constitutional right to appeal, I will immediately seek redress from the appropriate institutions saddled with the responsibility of protecting our noble and revered profession.”