A High Court of the Federal Capital Territory (FCT) in Maitama, Abuja has sacked the state and Local Government Executive Councils (EXCOs) of the Peoples Democratic Party (PDP) in Anambra State.
Justice O.A. Adeniyi gave the order sacking the EXCOs in a judgment on a suit marked: HC/CV/774/2021 filed by Samuel Anyakolah (for himself and all Local Government Chairmen and Ward executives that emerged from the Anambra PDP congress conducted on November 28 and December 1, 2017 under the supervision of Sir Chukwudi, as acting Chairman State Caretaker Committee).
Listed as defendants in the suit are the PDP, Chief Ndubisi Nwobu and Barr. Uchenna Obiora.
Anyakolah claimed that the PDP arbitrarily imposed state chairmen, Exco members and local government chairmen and national delegates on members in its South-east zonal congress of March March. 6, 2021.
He contended that the congress was held in disregard of an extant list of already inaugurated party officers and delegates that emerged from the Anambra PDP congresses conducted on November 28, 2017 and December 1, 2017 validated by Senator France Bent Ward Congress Appeal Panel report and Barrister Ukpai Ukairo Local Government Appeal Panel report.
Justice Adeniyi, in the judgment delivered on June 9, 2021, a copy of which was seen on Friday, agreed with the plaintiff/claimant) that the PDP violated its constitution in the conduct of the South-east zonal congress of March March. 6, 2021 and the appointments made therein.
The judge proceeded to declare among others, that “all congresses, designations or appointments made by the. first defendant (the PDP), with respect ti the positions of the state chairman, EXCO members and Local Government chairmen, as contained in pages 14,15 and 16 of the South-east zonal congress brochure of 6th March 2021 are hereby nullified and set aside.”
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Justice Adeniyi held that all congresses, designations or appointments were unlawful and ultra vires the powers of the PDP for not being in alignment with the list of the already inaugurated party officers and delegates that emerged from the Anambra PDP congresses conducted on November 28, 2017 and December 1, 2017 validated by Senator France Bent Ward Congress Appeal Panel report and Barrister Ukpai Ukairo Local Government Appeal Panel report.
The judge added: ”It is hereby further declared that the arbitrary imposition by the 1st Defendant on its members, of a State Chairman, Exco members Local Government Chairmen, Exco members, Local Government Chairmen and national delegate as contained in Pages 14. 15 & 16 of the defendant’s brochure for the South-east zonal congress of 6th March 2021, is ultra vires its power, unlawful, invalid, void and of no effect whatsoever.”
Justice Adeniyi declared that, by virtue of Article 2 of the PDP’s constitution, the constitution is supreme and has binding force on all members and organs of the party, who must not act outside its provisions.
He declared that it is unlawful for the PDP, whether during its South-east zonal congress of 6th March or at any time, to adopt or publish the name of a state chairman, alongside persons purporting to be his EXCO members, Local Government chairmen and national delegates, without recourse to the extant list of the already inaugurated party officers and delegates that emerged from the Anambra PDP congresses conducted on November 28, 2017 and December 1, 2017 validated by Senator France Bent Ward Congress Appeal Panel report and Barrister Ukpai Ukairo Local Government Appeal Panel report.”
The judge ordered the PDP to henceforth, recognise and adopt only the list of the already inaugurated party officers and delegates that emerged from the Anambra PDP congresses conducted on November 28, 2017 and December 1, 2017 validated by Senator France Bent Ward Congress Appeal Panel report and Barrister Ukpai Ukairo Local Government Appeal Panel report, under the supervision of Sir Chukwudi Umeaba, who shall continue to act in the capacities for which they were duly elected.
He added: “An Order of injunction is hereby issued, restraining the first defendant, whether by itself, cronies, allies or representatives, from further recognising, dealing with or parading any person or group of persons listed at pages 14, 15 and 16 of the Brochure for the South-East Zonal Congress of 6th March, 2021, either as State Chairman, Exco members or Local Government Area Chairmen of the Peoples Democratic Party, Anambra State Chapter, except the list of already inaugurated Party Officers and Delegates that emerged from the Anambra PDP Congresses conducted on 28th of November, 2017 and 1st of December, 2017, the Senator Grace Bent Ward Congress Appeal Panel Report and Barnister Ukpai Ukairo Local Government Appeal Panel Report, under the supervision of Sir Chukwudi Umeaba.”
