A former political adviser to ex-President Goodluck Jonathan, Ahmed Ali Gulak, has urged a Federal High Court, sitting in Abuja to declare the appointment of the Acting National Chairman of the Peoples Democratic Party (PDP), Chief Uche Secondus, unconstitutional.
Gulak, in an originating summon, prayed the court for an order of perpetual injunction restraining Secondus from continuing to act in the Office of the National Chairman of the party or organising or planning any election or carrying out any other functions or duties pertaining to the office.
Joined as defendants in the suit are the PDP and Secondus as first and second respondents, The Nation reports.
The plaintiff also sought a declaration that by articles 35(1) and 47 (6) of the constitution of the party, read together with Section 223 of the 1999 Constitution as amended, the continued functioning of Secondus as acting national chairman of the party, when he is not from the Northeast, was a breach of Article 47(6) of the constitution of the party and Section 223 of the 1999 constitution.
Other reliefs sought by the applicant in the suit filed by his counsel, J.S. Okutepa (SAN), included a declaration that by Article 47(6) of the constitution of the party, the defendants could not hide under Article 45(2) of the constitution of the party to enable the acting chairman, who is not from the same area or zone where the immediate past national chairman originated, to continue to lawfully act in the office until elections are held to fill the vacancy; a declaration that by Article 47(6) of the constitution of the party, and upon the resignation of the former national chairman from office, only the plaintiff or any other member of the party from the same area or zone is eligible to fill the vacancy pending the conduct of election into that office.
Gulak in addition, sought a declaration that the continued functioning of the second defendant as the acting national chairman of the party, without giving effect to or summoning the National Executive Committee to give effect to Article 47(6) of the constitution of the party was unlawful, illegal and a violation of Article 47(6) of the constitution of the party and Section 223 of the 1999 Constitution.
In his 13-point statement of claim, the plaintiff argued that sequel to the resignation of the former Chairman, Adamu Mu’azu, who is from Bauchi State in the Northeast, he, having come from same zone with him, indicated his intention to be considered for appointment to fill the vacancy and that in furtherance of that desire, wrote all state chapters of the party in the Northeast notifying them of his intention.
He also claimed to have made several representations to the defendants expressing his intention to be considered for appointment to the fill the vacant position of national chairman of the first defendant which the defendants ignored.
The ex-aide contended that the failure or neglect of the second defendant to direct or cause the National Executive Committee (NEC) of the first defendant to give effect to Article 47(6) of the constitution of the party was not only selfish and self-serving, but also a grave violation of the constitution.
He, therefore, prayed the court to determine “whether upon a calm view and construction of articles 35(1) and 47 (6) of the constitution of the first defendant read together with Section 223 of the 1999 Constitution as amended, the continued functioning of the second defendant as acting national chairman of the first defendant, when the second defendant is not from the Northeast Zone of Nigeria is a breach of Article 47(6) of the constitution of the party and Section 223 of the 1999 constitution and therefore unconstitutional, unlawful and self-serving.
“That in view of Article 47(6) of the constitution of the first defendant, can the defendants hide under Article 45(2) of the constitution of the party to enable the second defendant, who is not from the same area or zone where the immediate past national chairman of the party originated, to continue to lawfully act in the Office of the National Chairman until elections are held to fill the vacancy.”
Comments