PDP Crisis: Tukur, Others Face Criminal Contempt

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Crisis rocking the People’s Democratic Party (PDP) over the decision of the
National Working Committee (NWC), to replace the South-West Zonal Executive of
the party with a Caretaker Committee, removal of the National Auditor, Chief
Bode Mustapha and recognition of the Chief Adebayo Dayo-led Exco as the
“authentic” Exco of PDP in Ogun State has taken another dimension with the
National Chairman, Dr. Bamanga Tukur and other members of the party’s NWC to
rescind its decision within seven days or face criminal contempt.

BOT, GOODLUCK AND TUKUR Lord's Temple Lord's Temple 2 C.A Ruling of 25 May 2012

The letter titled; “Purported removal from office of the National Auditor and
the dissolution of South West Zonal Executive Committee of the People’s
Democratic Party,” was dated February 18, 2013 and signed by Mr. Gboyega
Oyewole, Counsel to Chief Mustapha; and received yesterday on behalf of the NWC
by the National Legal Adviser, Mr. Victor Kwon.


The letter reads inter alia: “We have the instruction of our Client to request
for a reversal of the said decision, which should also be given adequate
publicity within 7 days of the date hereof failing which our Client shall take
further steps in protection of the pending judicial processes and the
Constitution of the Party.

“It is our fervent hope that the reversal will be effected to avoid the
unpleasant consequences of a proceeding in criminal contempt which will be
instituted against your good self before the Court of Appeal among several
other options open to our Client,” the letter read in part.

While also pointing out that dissolution of the South-West Zonal Exco based on
the Court judgment being relied on by the NWC also invalidate the National
Convention of the party, Oyewole said; “It should be borne in mind that if
indeed the South West Congress was illegal, the delegates therefrom
participated at the National Convention and by extension, the election of the
National Working Committee is therefore invalid. This without doubt will affect
your office and the offices of the other members of the National Working
Committee.”

The letter read further; “There is a subsisting Order of stay of Execution or
further Execution of the judgment delivered by Hon. Justice C. E Archibong
which recognized Shoremi Executive. The effect of this is that Shoremi-led
Executive was truncated and became incapable of conducting any election not to
mention conducting an election to purportedly elect Chief Bayo Dayo and his
team.

“All applications for Committal for contempt were also effectively stayed by
the Court of Appeal Ruling of 25th June, 2012. “The substantive Appeal in
Appeal No: CA/L/38/12 is still pending before the Court of Appeal, Lagos.

“The Appeal against Hon. Justice C. E Archibong’s judgment in FHC/L/CS/347/12
entered Appeal No: CA/L/515/12 is still pending before the Court of Appeal,
Lagos and would have been argued on the 17th of January, 2013 but for the
letter by Chief Bayo Dayo against the Lagos Court of Appeal in which he
seriously impugned on the integrity of the Honourable Justices of the Court. A
Motion for Stay of Execution of the judgment in FHC/L/CS/347/12 is still
pending before the Court of Appeal, Lagos.”

“The Appeal is proceeding because Chief Bode Mustapha has not instructed any
Counsel to withdraw it.

“In the erroneous belief that the Appeal has been withdrawn, (merely because a
Notice of withdrawal was filed and there is no Order of Court striking out the
Appeal), Chief Bayo Dayo through his Counsel filed an application for the Court
to direct the National Chairman to remove the National Auditor, (our Client)
dissolve the South West Executive Committee and recognize his own faction of
Ogun State Peoples Democratic or face punishment for contempt. This is in
FHC/L/CS/347/12 which is now before Honourable Justice O. E. Abang. (subject of
Appeal No: CA/L/515/12) which is pending) and fixed to be heard on 20th
February, 2013.

“This was the state of affairs before the National Working Committee was misled
into its decision which was published on Friday 15st February, 2013. It is in
the light of the foregoing that our Client is requesting for an immediate
reversal of the decision as publicized by the National Working Committee on
Friday 15th February, regarding the office of our Client.”

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