BY AGNES NWORIE, ABAKALIKI
A Federal High Court sitting in Abakaliki, Ebonyi State, on Wednesday, sacked the Fred Udeogu-led Peoples Democratic Party Caretaker Committee, describing it as illegal.
The court also directed the Independent National Electoral Commission not to recognise the Caretaker Committee constituted by the National leadership of the PDP in Ebonyi State.
The Court maintained that the dissolution of the Ebonyi State Executive Committee of the PDP was illegal and could not, therefore, stand.
The order followed a suit instituted by Nnachi Okoro, Legal Adviser of the Onyekachi Nwebonyu-led PDP Executive in the state, which was dissolved last November by the national leadership of the PDP, in the wake of the defection of Governor David Umahi to the All Progressives Congress.
The Plaintiff, Okoro, had in the suit, argued that his purported removal from office, as the legal Adviser of the PDP by virtue of the dissolution of the State Executive Committee of the party without fair hearing, was contrary to the Party’s constitution and the constitution of the Federal Republic of Nigeria.
The presiding Judge, Justice Aluko Akintayo, ruled that the dissolution of the Executive Committee of the PDP in Ebonyi State, which led to the removal of the plaintiff, was not only absurd, but inconsistent with the provisions of the Party’s constitution as well as the constitution of the Federal Republic of Nigeria.
Justice Akintayo noted that the party acted harshly without any evidence of wrong doing against the plaintiff, adding that the defection of Governor David Umahi to the APC was in exercise of his fundamental human rights of freedom of association and could not be a justifiable ground to remove the plaintiff from office.
Akintayo held that the PDP failed to prove before the court, its allegations of anti-party activities and attempts to destabilise the PDP levelled against the Ebonyi State Executive Committee of the party.
According to the judge, even if there is truth in the allegations against the Ebonyi State Executive Committee of the party, it was unfair to have dissolved them, including the plaintiff, without giving him fair hearing.
The Court further ruled that in view of Section 2 of the PDP constitution, which is subject to the constitution of the Federal Republic of Nigeria, there was no justification for the leadership of the party to have breached its own constitution.
The Court maintained that the plaintiff, having been duly elected to serve as the legal Adviser of the PDP, had acquired a vested right to occupy the office until his tenure elapsed.
Consequently, the court declared the action of the PDP illegal, null and void, and ordered the party not to recognise any other Legal Adviser in Ebonyi State, until the expiration of the plaintiff’s tenure.
Barr Mazi Igbo Michael who appeared for the defendants’ lead Counsel, Kenneth Jamanze, SAN, in an interview, said they would meet and decide on the next action.
Reacting, Nwebonyi welcomed the judgment, saying it was a victory for democracy.
He said by the outcome of the judgment, he remained the authentic chairman of the party in the state.
But the legal Adviser to the Fred Udeogu-led PDP executive, Mudi Erhenede, said they would appeal the judgment, adding that they would get a stay of execution against the ruling, pending the determination of a substantive appeal.
