The lawmaker representing Ogun East Senatorial District at the National Assembly, Senator Buruji Kashamu has written the Independent National Electoral Commission over the Ogun State Executive of the Peoples Democratic Party, PDP.
Kashamu wrote the commission against the backdrop of a recent verdict of the Federal High Court, Lagos, which directed INEC and the PDP to obey an earlier judgment of the court that declared the Adebayo Dayo-led state executive as the authentic leadership of the party in the state.
In the letter dated March 26, 2018, Kashamu wondered why the commission was adamant in keeping to its tradition of obeying court orders and judgments until a superior court says otherwise.
The letter, which was addressed to the INEC chairman, Prof. Mahmud Yakubu, was received on Monday.
The letter partly read, “The commission’s position with regards to the Ogun State PDP exco negates its well-known and established tradition of giving effect to court judgments until a superior court says otherwise.
“INEC had in similar situations as this case taken the path of honour and rectitude as shown in the cases of Chief Ejike Oguebego Vs Prince Kenneth Emeakayi over the Anambra State PDP exco; Samsom Ogah Vs. Governor Okezie Ikpeazu of Abia State and Barrister Jimoh Ibrahim Vs. Eyitayo Jegede, just to mention a few. So, what has changed? Why is the case of Ogun State PDP exco different?
“You would recall that I had written three different letters dated 29th January, 2018, 5th and 12th February, 2018 respectively to you, in respect of the Ogun State Peoples Democratic Party’s executive. However, it is surprising that up till date the commission has not replied any of the letters.
“The silence, notwithstanding, I am again constrained to write to you, particularly to draw your attention to yet another judgment of the Federal High Court, Lagos, which has not been stayed or upturned on appeal.
“Specifically, on the 9th of February, 2018, the Federal High Court, Lagos gave a judgment in Suit No.FHC/L/CS/1556/2017 wherein it expressly directed the INEC and the PDP to obey the orders of the court in Suit No.FHC/L/CS/636/2016.”
“As you would find in the judgment, the court held that the resolution of a political party in respect of a state exco cannot vitiate the subsisting judgment of a court. It also ruled that the judgment of the Supreme Court in the Ali Modu Sheriff/ Makarfi case has nothing to do with the issue of the Ogun State exco.
“So, the ill-advised decision of the commission to recognise some dissidents instead of the authentic and legally-recognised Ogun State PDP exco has no basis in law and it is antithetical to internal democracy and justice.”
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