requires a political party to notify the electoral umpire aboutan
alteration in its constitution, the faction of the Peoples Democratic
Party (PDP) loyal to Alhaji Kawu Baraje, has asked the Independent
National Electoral Commission (INEC) to deregister the PDP led by
Alhaji Bamanga Tukur.
A statement of claims, which the Baraje faction is taking before the
Lagos High Court, obtained by THISDAY, is also asking the court to
declare Tukur an illegal chairman of the ruling party on account of
the fact that he was not appropriately accepted as a member of the
party after his expulsion by the National Executive Committee (NEC) of
the PDP in 2001.
According to the statement of claims, "It will be recalled that the
2009 PDP constitution was amended which brought about the 2012 PDP
constitution.
"Evidence has surfaced to prove that strange clauses which were not
part of the proposed amendment were inserted into the originally
produced version of the 2012 constitution and those alterations were
not approved by the party convention and the National Executive
Committee, thereby making the document a forged document which is
invalid.
"The forged 2012 constitution was not equally filed before INEC as
required by the constitution, thereby making the PDP constitution upon
which the 2013 convention was held an invalid document and the outcome
of that convention invalid, as it was held with no valid constitution.
"The proof of this evidence can be seen in the approved memo by the
PDP NEC upon which the amendment was done in 2012 andthe original
version of the PDP constitution filed with INEC whichwould as well
prove these violations."
Giving further reasons why Tukur should not have presided over the PDP
convention last Saturday, the statement of claims said: "Exactly on
the 31 May, 2001, the PDP NEC, after its meeting held in Abuja,
expelled eight members of the PDP in accordance with the PDP
constitution which gives the NEC the powers to discipline NEC members
who breach the constitution.
"They were expelled after NEC had considered and adopted the report of
the Iro Dan Musa-led PDP Disciplinary Committee. Alhaji Bamanga Tukur,
Don Etiebet, Asheik Jarma, Ume-Ezeoke,Emmanuel Ibeshi, Harry Marshal
and Gbenga Olawepo were the ones expelled from the PDP.
"Note that Article 10(b)(iii) of the PDP 2009 constitution and Article
8(17) of the 2012 amended constitution which holds that any member of
the party who loses his membership by expulsion can only return to the
party with the approval of the party executive at his ward, state and
national levels, which shall grant him a waiver.
"Since the expulsion of Bamanga Tukur in 2001, he has not complied
with the above requirement of the PDP constitution, meaning that his
purported participation at the 2012 convention where he was elected
was a fraud and invalid, as he was not yet a member of the party."
Among other claims, which the Baraje faction is pressing against the
PDP, is the declaration of the August 2013 convention of thePDP as
illegal, based on the following reasons: participation of "illegal
delegates" in the convention; the disqualification of duly elected
delegates by the screening subcommittee of the National Convention
Committee; and the failure of the party to comply with Section 85(1)
of the Electoral Act which holds that, "a registeredpolitical party
shall give INEC at least 21 days notice of any convention, congress,
conference or meeting convened for the purpose of electing members of
its executive committees, and othergoverning bodies."
Based on this, the Baraje faction is claiming that since the NEC of
the PDP ratified the conduct of the 2013 national convention at its
meeting of August 22, and the congress took place nine days after the
NEC meeting on August 31, the party had run a foul of the required 21
days notice to inform INEC of the exercise.
The faction also claimed that there is evidence that unelected
delegates from the South-west Zonal Caretaker Committee participated
and voted at the 2013 national convention, contravening Section 85(3)
of the 2010 Electoral Act, which states: "The election of members of
the executive committee or other governing body of a political party,
including the election to fill a vacant position in any of these
bodies, shall be conducted in a democratic manner and allowing for all
members of the party or duly elected delegates to vote in support of a
candidate of their choice."
The Bareje group is also claiming that the decision of the screening
subcommittee to conduct the screening of delegates lessthan 24 hours
before the convention, fell short of democratic conduct, as it did not
afford disqualified delegates to press for justice.
The faction also claimed that the action of Chief Uche Secondus and
his supporters to wear vests advocating votes for Secondus to be
elected deputy national chairman of the PDP at the conventionground
violated Article K, Page 8 of the PDP Code of Conduct forConventions,
which states: "A party member, aspirant, candidate oragent shall not
canvass for votes within the vicinity of the congress venue or party
primary convention."
Also yesterday, another group operating under the auspices of PDP
Stakeholders Forum said the national chairman was not a valid member
of the party since he was expelled from the party in 2001.
Addressing journalists in Agura Hotel, Abuja, the chairman of
theforum, Ikenga Imo Ugochinyere, said Tukur was expelled by the NEC
of the party after being indicted for "high level anti-party
activities" alongside five others, including Ume-Ezeoke on May 31,
2001.
He stressed that Tukur did not apply for, nor obtain the requisite
waiver from NEC before offering himself for election into the officeof
the national chairman of PDP in 2012.
Ugochinyere noted that since Tukur had not been properly reabsorbed
into the party, all actions he had taken, including presiding over
last weekend's special national convention are null and void.
"The legal effect of the foregoing is that with an utterly flawed and
incurably defective membership, the nomination, subsequent election
and continued stay in office of Alhaji Bamanga Tukur asthe chairman of
the PDP is fraudulent, illegal and unconstitutional," he said.
Meanwhile, the Niger State Governor, Dr. Muazu Babangida Aliyu, has
stated that intimidation, personal interest and discarding due process
in the PDP are the reasons why the party is engulfed in crisis, adding
that the crisis was capable of destroying Nigeria. He also stressed
that contrary to opinion, Tukur could be removed.
"You have a situation where persons at the helms of affairs intimidate
and enforce their personal opinions on the people without giving room
for dialogue and negotiations, even though there are issues that
should be discussed and everyone carried along. In a situation where
one person wants his opinion to overruleothers, there will be issues,"
he said.
Aliyu, who stated this at the PDP stakeholders meeting in Minna
yesterday, where he informed party members of what transpired at the
party's national convention in Abuja, said it was wrong for anyone to
insinuate that the removal of the party's chairman was impossible.
"I don't know about the removal of anybody but according to the
constitution of our party, there are ways of removing people, so
nobody can say it is impossible.
"This gathering is to inform you of what happened in Abuja last week
Saturday, though efforts are ongoing by elders of the party to resolve
the impasse with the leaders of the PDP and as soon asthey are
through, we will also let you know the outcome of our meeting," he
said.
The governor also blamed the president's Special Adviser, Political
Affairs, Alhaji Ahmed Gulak, for stating that it was impossible to
remove Tukur, saying some of Jonathan's advisers are fond of
triggering the political crisis in the country and overheating the
polity.
"This is what I say about advisers. If you are my adviser, you are
supposed to look at issues not to come out and abuse anybody and make
it look the way it looks like now. Maybe the man who spoke on behalf
of the presidency is part of the problem," he said.
Aliyu noted that the only way democracy could strive in a nation is
when room is given for dialogue, but when dialogue fails, the wounds
of the aggrieved persons should be allowed to heal before peace is
initiated.
Aliyu said he and his colleagues who have aligned with the New PDP had
to walk out of the special convention because there wereplans to
scheme them out of the party, as they were perceived as the
opposition.
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