•New PDP threatens to storm party secretariat
The Peoples Democratic Party (PDP) is in a fix over how to handle Wednesday's judgment by the Court of Appeal nullifying the removal of former Osun State Governor Olagunsoye Oyinlola as the party's national secretary.
The judgment, which would pave the way for the return of Oyinlola, who holds the same position in the splinter group of the party, New PDP, THISDAY gathered yesterday, has caused a sharp division among members of the PDP National Working Committee (NWC).
While some wanted the court judgment implemented speedily just as the verdict on his removal was done, others called for caution and sought a “political solution” to the situation so as not to further aggravate the crisis in the PDP.
However, reacting to the court order that he should return to the post that he was forced to vacate last January following the judgment of Justice Abdul Kafarati of the Federal High Court, Abuja, Oyinlola yesterday said with the verdict of the Court of Appeal, he had been vindicated.
Ijaw leader, Chief Edwin Clark, also made a case for Oyinlola's reinstatement, provided he shows remorse and renounced his membership of the New PDP.
But the New PDP has warned that if Oyinlola is not reinstated, it would storm the PDP's national secretariat on Monday to ensure the implementation of the Court of Appeal judgment.
Oyinlola may however not return to his erstwhile position soon as the Ogun State chapter of the PDP, which initiated the legal battle that led to his removal, has filed an appeal at the Supreme Court, seeking to reverse the judgment of the Court of Appeal.
Expectedly, the judgment is causing ripples in the PDP, as members of the NWC are divided over whether to allow Oyinlola assume office or not.
A member of the NWC who asked not to be named because of fear of persecution said: “If we are following due process, then the speed with which we ensured his replacement should be adopted to ensure his reinstatement in office. After all, what is sauce for the goose is sauce for the gander.”
But another NWC member faulted attempts to reinstate Oyinlola, saying, “He belongs to the New PDP that is fighting the party. Accepting him back would amount to causing more confusion in the party. He cannot work with the national chairman, Alhaji Bamanga Tukur.
“The NWC did not take him to court in the first place, so there is no need for him to come back as national secretary. There must be a political solution to the appeal court’s order.”
But an elated Oyinlola welcomed the nullification of his removal from office, describing the judgment of the Court of Appeal as a vindication of his stance that he was unjustly removed.
He said: “I give glory to God that my stand that I was unjustly removed has been vindicated by the appeal court. The position of the law and the constitution of the PDP on this matter are very clear.
“I don't want to pre-empt anybody but you would remember that the PDP immediately complied with the judgment of Hon. Justice Kafarati, which removed me from office, claiming to be a law-abiding organisation.
“I don't know if there will be a variance of the stand now that the appellate court has ruled in favour of Oyinlola that the Kafarati judgment was unfair and must not be allowed to stand. Let's leave other issues for consideration as events unfold.”
Also reacting to the Court of Appeal judgment, Clark said Oyinlola should be allowed to return if he showed remorse.
“My advice to the national chairman of PDP is that if Oyinlola shows remorse, then he should be readmitted as the national secretary and this would probably be part of how to resolve the crisis within the party,” he said.
The New PDP, in a statement by its National Publicity Secretary Eze Chukwuemeka Eze, said some NWC members had sent text messages to Oyinlola to congratulate him on the court judgment.
The faction warned that if Oyinlola is not reinstated by Monday, it would storm the PDP national secretariat to enforce compliance with the appeal court verdict.
“We thank some of Tukur’s NWC members and most of the staff of PDP in the Wadata Plaza who have called to congratulate Prince Oyinlola and want him to be sworn in today (Thursday).
“However, as we have already told them privately, that would not be possible as Prince Oyinlola is presently not in Abuja. Monday, 11th November, will be okay as the swearing-in date and we are preparing to storm the PDP national secretariat to claim what rightfully belongs to us,” it said.
According to the faction, with the Court of Appeal judgment, “the days of Alhaji Bamanga Tukur and his illegal National Working Committee (NWC) in the Wadata Plaza headquarters of our great party are numbered.”
The faction called on the PDP National Legal Adviser, Mr. Victor Kwom, to ensure Oyinlola’s reinstatment by Monday.
In another reaction, the leader of the PDP Stakeholders' Forum, Ugochinyere Ikanga, said the Court of Appeal order reinstating Oyinlola had grave implications for the administration of the party, as Section 36 of the PDP constitution vests the administrative control of the party in the national secretary.
According to him, “Section 36 says that the national secretary is the chief administrative and accounting officer of the party. He issues all notices for NWC, NEC, caucus and national convention meetings.
“He is in charge of all correspondence and staff issues and he is the custodian of the common seal of PDP and many other powers. So without Oyinlola, no NWC or NEC administrative work will legally proceed unless they get a stay of execution on the court judgment.”
A stay of execution of the judgment is one of the reliefs that the Ogun State chapter of the PDP, which has appealed the lower court judgment, is asking for.
The party is asking the Supreme Court to sustain Oyinlola's sack by reversing the judgment of the Court of Appeal on the grounds that the appellate court erred in its decision.
It prayed the Supreme Court to stay execution of the Court of Appeal judgment pending the determination of the appeal.
In a notice of appeal filed yesterday, the party raised four grounds of appeal.
It argued that the appeal court erred in law when it overturned and set aside the January 11 judgment of the Federal High Court.
In the appeal filed for the party by Adebayo Dayo and Semiu Sodipo, state party chairman and secretary of PDP in the state, respectively, the appellants argued that the Court of Appeal failed to realise that it lacked the jurisdiction to nullify the order made by Justice Kafarati “when there was no appeal against that order before it.”
The appellant argued that in reaching its decision, the court went on a voyage of discovery because there was no appeal or valid complaint against that order before it in the appeal.
The Ogun PDP argued that the order made by Justice Kafarati was made within the disciplinary jurisdiction of the court in order to restore its ability to deal with the substantive issues raised in the case.
It stated that the order was also meant as a punishment for a breach of the court interlocutory order by respondents in the case.
Source: Thisday
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