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 onJanuary 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 onSeptember
23filed 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."