The suit seeking to sack the National Chairman of the Peoples Democratic Party, Adamu Mu’azu, took a new twist on Wednesday as the immediate past National Chairman of the party, Alhaji Bamanga Tukur, approached the Federal High Court sitting in Abuja seeking an order recognizing and permitting him to preside over the forthcoming National Convention of the party.
Tukur also wants the court to grant an order allowing him to preside over the affairs of the party until 2016, when his tenure as the party’s national chairman would have expired.
Tukur’s position was contained in a counter claim he filed at the registry of the court on Wednesday through his counsel, Adamson Adeboro.
The counter claim was a response to a suit instituted by an aspirant to the House of Representatives from Adamawa State, Aliyu Abuba Gurin, seeking to unseat Mu’azu and also stop the party’s planned delegates convention.
The trial judge, Justice Evoh Chukwu, will n Thursday (today) hear Tukur’s request.
Tukur had on Tuesday said he was forced to resign his post as the national chairman of the party in order for the seven defected governors to come back to the party.
He said following the defection of seven governors elected on the platform of the PDP to the All Progressives Congress in 2013, pressures were mounted on President Goodluck Jonathan to remove him to enable the governors return to the party.
In the counter claim filed on Wednesday, Tukur is asking the court for an order setting aside his purported resignation letter dated January 15, 2014 and reinstate him as the substantive and duly elected chairman of the party at its national convention in 2012 until the completion of his term in 2016.
He also wants the court to restrain PDP and the Independent National Electoral Commission from further recognizing, permitting or allowing Mu’azu to preside over the affairs of the party.
He further wants the court to declare that his resignation was null and void and that the appointment of Mu’azu by the National Executive Committee of the party was also null and void, being inconsistent with Section 45(1) and (2) of the party’s constitution.
He had earlier asked the court to determine whether his purported resignation complies with Section 47(5) of the PDP’s constitution as amended.
Tukur also asked the court to decide whether if his purported resignation did not comply with Section 47(5) of the PDP’s constitution will not render the resignation null and void.
The counter claimant also wants the court to decide whether the appointment of Mu’azu is not in contravention of Section 45(1) and (2) of the party constitution, Section 85(3) of the Electoral Act, 2010 and Section 223(1) of the 1999 Constitution.
In the original suit, the plaintiff is asking the court to stop the planned national convention of the PDP scheduled for December 10 and 11, 2014.
The plaintiff in the suit also contended that the resignation of Tukur did not comply with the provision of Section 47(5) of the constitution of the party, which stipulates that 30 days notice be given to the National Executive Committee by Tukur.
The defendants in the suit are the PDP, Tukur, Mu’azu and INEC.
In a seven paragraph affidavit in support of the counter claim deposed to by one Femi Ekperobe, Tukur averred that he had stepped aside as the chairman of the party for the defected governors to return, but his surprise, 10 months after, the governors are yet to return.
He also averred that in a situation he could not finish his four-year tenure as the chairman of the party, he is to hand over to the deputy national chairman as acting chairman, in line with constitution of the party pending the holding of a national convention to elect new national chairman.
Tukur further stated that the NEC of the party has no power to appoint the national chairman, adding that the votes and proceedings of NEC held at Wadata House on January 15 and 20, which deliberated on his resignation as national chairman and appointment of Mu’azu as chairman, are nullity.
He further added that even if he had submitted a letter of resignation on January 15 to the party, the letter did not comply with Section 47(5) of the party’s constitution, which requires that 30 days prior notice should be given.
Furthermore, Tukur stated that the subsequent presentation of Mu’azu to NEC as the new chairman for appointment did not comply with Section 47(6) of the party constitution, Section 85(3) of the Electoral Act, 2010 and Section 223(1) of the 1999 Constitution (as amended).
Also, he stated that as at the time of the appointment of Mu’azu as the national chairman of the party, no vacancy existed in the office of the national chairman.
He further stated that Mu’azu lacks power to preside over the planned convention as such will nullify the proceedings of the convention if he is allowed to do so.
He however submitted that it will be in the interest of all parties if status quo ante bellum is maintained, pending the election of a new chairman by the national convention.
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