Chuks Okocha in Abuja
Justice Mobolaji Olajuwon of the Federal High Court in Abuja has adjourned until March 18, a suit filed by a chieftain of the Peoples Democratic Party, (PDP), Otunba Segun Sowunmi against the Damagun-led party for not convening a National Executive Council (NEC) meeting within the constitutionally stipulated period.
Sowunmi filed the legal action, seeking an order to compel the party’s officials to convene a NEC meeting and a restraining order preventing the party and the Independent National Electoral Commission, (INEC) from further delays.
The plaintiff is also asking the court to note that a party must obey its own constitution, saying that a party which disobeys its own constitution ought to be proscribed.
When the matter came up on Monday, lawyer to Sowunmi, Mr. Anderson Asemota, told the court that all parties in the suit had now been duly served.
Asemota also informed the court that he had received the counter affidavit from the defendants challenging the motion filed by the former Jigawa State Governor, Sule Lamido, to be joined in the suit.
The lawyer said that he tried to file his response against the counter affidavit before the next adjourned date but it was not possible.
Asemota therefore prayed the court for a short adjournment to enable him peruse the counter affidavit and respond appropriately.
Responding, lawyers to the defendants did not oppose the application for an adjournment. Justice Mobolaji Olajuwon consequently adjourned the matter till March 18 to hear all applications filed in the suit as well as the substantive matter.
Speaking to the legal action, Asemota said that some of the grounds on which the defendants were opposing the motion for joinder were that Lamido was not a necessary party in the suit.
He added that the defendants claimed that Sowunmi alone was sufficient enough to handle the matter and that moreover, he was not a NEC member.
Sowunmi had filed the matter against the PDP, its Acting National Chairman, Umar Damagun, National Secretary, Mr. Samuel Anyanwu and the National Organising Secretary, Mr. Umar Bature to court seeking an order to compel them to convene the NEC meeting.
Other defendants in the suit are the National Auditor, Mr. Okechukwu Daniel the National Treasurer, Mr. Ahmed Yayari and the National Youth Leader, Mr. Muhammed Kadade and INEC. Sowunmi is insisting that the NEC meeting be convened for the purpose of presenting the activities of the party from the date of the last NEC meeting.
In the instant suit, the plaintiff is seeking an order of perpetual injunction restraining the 2nd to 8th defendants and their agents from functioning or continuing to function or discharge the functions of their offices.
This he said was until they called for or caused to be called and held, a meeting of the party’s NEC in total fidelity and obeisance of the party’s constitution.
The plaintiff also wants the court to declare that by virtue of the provisions of Article 31(2)(d), 4 and 5 of the PDP constitution (as amended in 2017), he, as spokesman of the party during the last election is obligated and/or entitled to file the suit to give effect to the aims and objectives of the PDP and to ensure that the provisions of Article 7 of the PDP constitution are observed and respected by members and national officers.
Sowunmi is also seeking for, “A declaration that under and by virtue of the provisions of Article 31 (2)(4) and (5) of the PDP constitution and Section 82(1) of the Electoral Act, 2022, the 1st to 7th defendants are obligated to call or cause to be called and held quarterly or at the request of one-third of members of NEC of the PDP, the meeting of the NEC of the PDP at which the 1st to 7th defendants shall be present quarterly financial reports or income and expenditure of the party to the members of the NEC.
“A declaration that, under and by virtue and the provisions of Article 31 (2)(4) and (5) of the PDP constitution and Section 82(1) of the Electoral Act, 2022, the 1st to 7th defendants are obligated to call for or cause to be called and held quarterly or at the request of the one-third of members of the NEC of the PDP at which the defendants shall present quarterly reports containing the activities of the PDP to the members of the NEC”.
He also wants the court to declare that, “The defendants are under obligation to call for PDP NEC meeting to present proposed guidelines and regulations governing the conduct of elections to the party offices at all levels and procedures of selecting party candidates for elective offices to the NEC members.
“A declaration that, having failed, refused and/or neglected to call for meeting and held quarterly or at the request of one-third of members of the NEC of PDP in which the 8th defendant (INEC) ought to have been invited, the 1st to 7th defendants are in the breach and/or violation of the constitution of the party and the provisions of the Electoral Act, 2022”.
In an affidavit in support of the suit, the plaintiff averred that the last NEC meeting of the party was last convened by the sacked National Chairman of the party, Senator Iyorchia Ayu on September 8, 2022.
