*.*
*IS ACTING CHAIRMAN PERMANENT OR TENURED?*
Lets look at two key constitutional words and phrases used to rationalize Damagun’s continued stay in office as *Acting National Chairman* of the PDP up to this moment. These words and phrases are:
1. *In Acting capacity and;*
2. *Without prejudice to the provisions of Sections 47(6).*
What is the import and meaning of the words or phrase ” in Acting capacity”. In Acting capacity simply means temporary, not permanent nor substantive, which means that it is neither tenured nor permanent. An acting appointment can last even for a second because it is without prejudice to the right of the appointing authority to determine at any time, how so ever without much ado.
Damagun’s appointment being in acting capacity pursuant to Section 35(3)(c) of the said PDP constitution 2017 (As Amended) is not substantive nor permanent and therefore does not enjoy any statutory rights nor flavour as provided for tenure of substantive officers of the party under the constitution. His appointment is a stop-gap arrangement to fill in the vacuum created by the removal of the substantive national chairman, which the power to provide a replacement is vested in the appropriate executive committee (in this case the National Executive Committee) NEC of the party under section 47(6). In other words, once NEC exercises it’s powers under section 47 (6) Damagun automatically reverts to his substantive tenured position of Deputy National Chairman North. His continued stay in that office is only because he refused to summon the NEC until April of 2024 where upon NEC gave notice of it’s intention to exercise it’s powers under section 47 (6) in the next quarter NEC meeting previously scheduled for August but postponed to October 24.
It is therefore disingenuous for you to argue that by operations of section 35(3)(c) Damagun has appropriately filled in the vacuum created by the removal of Ayu and therefore the question of replacement is overtaken by events. *Such a submission does violence to the letters and spirit of* *the very constitutional provision you are seeking to rely upon because the section itself boldly admits that it is without prejudice* *to section 47(6).*
This now brings us to the second phrase which is the meaning of the phrase “without prejudice”.
What is the import of the use of the phrase “without prejudice” in law in section 35(3)(c)?
The use of the phrase “without prejudice” to section 47(6) in section 35(3)(c) simply means that *without waving, limiting or circumscribing* the substantive provisions of section 47(6) which deals with filling of vacancies at all executive committees of the party.
Without prejudice simply *qualifies, limits, circumscribes and subjects the operations of section* *35(3)(c) to the substantive provisions of section 47(6).* It is without ambiguity, guess work or peradventure.
It is therefore my submission without any circumlocution that Damagun’s tenure as Acting Chairman being a temporary appointment under the constitution can and will be appropriately terminated by NEC at anytime it exercises it’s powers under section 47 (6) either on the 24 of October or before or after once NEC is appropriately in session. Not even a court order can stop it, because it would be superfluous.
This I so submit now that the confusion on the extant version of the PDP constitution is settled.
*@Dr. Adum*
