Monday, 3 June 2013

PDP members threaten legal action over Amaechi’s suspension

Party faithful contend that actions by NWC without recourse to NEC in the last one year amount to nullity.
Three members of the Peoples Democratic Party, PDP, in Bauchi State have described the suspension of the Rivers State Governor, Chibuike Amaechi as “an abuse of the party’s constitution” and threatened to sue the National Working Committee, NWC, if the action is not reversed within two weeks.
The NWC, last Monday, slammed an indefinite suspension on Mr Amaechi following a petition it received from some members of the party in Rivers State.
The three PDP members, namely John Akevi of Dan Iya ward with membership registration number 6590595; Aliyu Shehu of Hardo Dan Iya ward with PDP registration number of 16595260; and Aliyu Ladan of Dan Kada Ward with membership number of 14496238, contended that the NWC assumed powers of the National Executive Committee, NEC, of the party and arbitrarily suspended the governor without preliminary hearings.
They also said that the NWC had taken other decisions which should have been ratified by the NEC before they were implemented and therefore demanded that such actions should be reversed.
“It is our instruction to demand for the rescission and nullification of all such acts and decisions within two weeks from the date of the receipt of this letter and our further instructions in the event of default, is to have recourse to judicial redress without further recourse to you,” they said in a letter written on their behalf by their counsel, A.A. Salami, SAN.
The letter dated May 31 was addressed to the National Secretary of PDP.
Referring specifically to Mr. Amaechi’s suspension, the PDP faithful said that the governor was not given the opportunity of knowing what his offence was before action was taken against him, insisting that it was a breach of both the 1999 Constitution and that of the party.
The PDP members also queried the failure of the NWC to convene a NEC meeting for over a year, adding that this has left issues unattended.
The letter said, “Failure of the party to convene National Executive Committee Meeting for over a period of one (1) year in consequence of which far reaching decisions of the party that could have only been taken by the organ of the party were as a result left unattended.”
“Arising from the above infractions the affairs of the party were being conducted in breach of the constitution of the party and the constitution of the Federal Republic of Nigeria 1999 and the National Working Committee of the party which arbitrarily assumed the powers of the National Executive Committee had in consequence embarked on arbitrary suspension of the high profile party members without preliminary hearings and or according the members involved an opportunity of knowing the allegations made against them in apparent breach of the Constitution of the Party and the right of the members to fair hearing as enshrined in the Constitution of the Federal Republic of Nigeria 1999.
“Allowing the National Working Committee to take final and conclusive decisions on matters which could only have come into effect after the ratification of the National Executive Committee without input of NEC thereby constituting itself into an authority of its own that overrides the spirit of the responsibility of the organ to the National Executive Committee, is a breach of the party’s constitution.”
“Our clients contention, arising from the above infraction is that the decision taken by the National Working Committee of the party which were not blessed with the ratification of the National Executive Committee of the party with particular reference to the suspension of the Governor of Rivers State His Excellency Rotimi Amaechi, are void null and of no effect.

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