MR. PRESIDENT, PLEASE SAVE PDP FROM INTERNATIONAL EMBARRASSMENT ARISING FROM AN AFFRONT ON RULE OF LAW BY THE NWC VIA ITS DECISION OF FEBRUARY 15, 2013.
We are a group of Nigerians and card carrying members of the People’s Democratic Party (PDP), who also voted for you in the last elections.
We are concerned about the sustenance of rule of law in the country. It is our position that if democracy must thrive in Nigeria, affront on the rule of law must not be allowed in our polity:
1. You are the leader of the PDP.
2. You are the President, Commander-in-Chief of the Federal Republic, who have not only sworn to obey and uphold the Constitution of the Federal Republic, but also constitutionally bound to do so.
The PDP NWC’s decision of February 15, 2013
When the NWC, through its Publicity Secretary, Mr. Olisa Methu, announced to the world on Friday, February 15, 2013 its decision to remove the National Auditor, Chief Bode Mustapha and the South West Zonal Executives from their offices and also recognise the Mr. Bayo Dayo factional executives in Ogun State Chapter of the party; the NWC announced that it took the decision in compliance with a court order. Specifically, the Order of Hon. Justice O. E. Abang of the Federal High Court Lagos. Justice Abang’s Order arose from the suit filed by the Bayo Dayo faction to enforce the judgement of Justice C. E. Archibong of Federal High Court Lagos, delivered on January 27, 2012, in suit number FHC/L/CS/1248/2011 in favour of Dayo Soremi led factional executives in Ogun State.
JUSTICE ARCHIBONG’S ORDER
The learned judge stated stated as follows in his Ruling of November ??, 2012:
“i. That the subsisting judgment of this Court dated 2nd May, 2012 remains valid, binding until set aside and must be obeyed by all the Parties
ii. That unless the subsisting judgment of this Court delivered on 2nd May, 2012 is stayed by this Court or by a higher Court or there is a pending Motion before this Court or a higher Court for Stay of execution of the said judgment pending Appeal, the judgment Creditors herein are entitled to enforce the said judgment”
What was the judgement?
The judgement in question was delivered by Justice C. E Archibong on January 27, 2012. Hon. Justice C. E Archibong granted the claims of Chief Shoremi in suit number FHC/L/CS/1248/2011 and the Defendants, which included the party and the former South-West Chairman, Alhaji Tajudeen Oladipo, Professor Alkhali Ahmed, Prince Uche Secondus, and others promptly, filed an Appeal against the judgment. They also filed an application to Stay the Execution of the judgment.
The Order of the Court of Appeal, Lagos
The Stay of Execution was granted on June 25, 2012 in a unanimous ruling delivered by Honourable Justice H. M. Ogunwumiju in Appeal No. CA/L/38/11 filed by the PDP, Chief Bode Mustapha, Chief Olagunsoye Oyinlola and others
In granting the Stay of Execution, Hon. Justice H. M. Ogunwumiju ruled; “An Order of Stay of Execution or further of Execution of the judgment and Orders of Hon. Justice C. E Archibong of the Federal high court, Lagos on Suit No: FHC/L/CS/1248/2011 delivered on 27th January, 2011 is hereby made. All contempt proceedings shall stay to abide the outcome of the Appeal in the said suit. Order as prayed.”
The Pending Appeal at the Court of Appeal Lagos
The substantive Appeal in Appeal No: CA/L/38/11 in which Justice Ogunwumiju granted the above Stay of Execution is still pending before the Court of Appeal, Lagos.
Questions for determination
1. Can any individual or group, while claiming to be complying with a court Order, execute, implement or benefit from an Order/Ruling/Judgement of a High Court when same Order has been stayed by the Court Appeal, which is obviously a superior court?
2. Can an Order of the Appeal Court for Stay of Execution be invalidated for the mere fact that one or two and NOT ALL the beneficiaries of that Order of Stay of Execution have filed Notice of Withdrawal of the substantive Appeal?
3. If an Appeal Court, a superior court, has granted Stay of Execution of a judgement of a High Court, can the same judgment be enforced through an Order of a High Court- a Junior Court to the Court of Appeal that granted the Stay of Execution?
4. Is it true that the PDP declared the “harmonised executives” of Dayo Soremi “has seized to exist because of its failure” and therefore was “ non-existent, extra legal and unknown to the constitution of PDP” in an originating summons filed by its lawyer, Chief A. O Ajana, as a response to an originating summons dated and filed on October 24, 2011 by the purported chairman of the harmonised committee, Basorun Dayo Soremi? How then can a body described by the PDP “as non-existent, extra legal and unknown to the constitutipn of PDP”, then turned around to midwife the Bayo Dayo executives now “recognised by the NWC?” Can we really put something on nothing?
5. Is it true that in the said PDP’s preliminary objection and later, a composite written address in support of preliminary objections filed on its behalf by Chief A.O. Ajana and against the originating summons with reference number: FHC/L/CS/1248/201; the party avered under oath that: “It is our humble submission that the PDP’s constitution makes no provisions for harmonization of factional executive committees. Paragraphs 12.41 of the party’s constitution vest the power of electing the state executive committee on the state congress. It is therefore our respectful submission that the stop gap harmonization of the executive committee of the PDP in Ogun State, having not been concluded, having failed and aborted cannot yield any executive committee members like Soremi and co?” Can the same PDP turn around to recognise Bayo Dayo “executives” produced by Dayo Soremi executives ?
A. Is it true that the PDP’s NWC issued a statement published as an advertorial in The Punch Newspaper of March 10, 2012 at page 12 and signed by the National Publicity Secretary, Prof. Rufai Ahned-Alkhali, in which NWC stated that:
1. The attention of the National Working Committee (NWC) has been drawn to plans by some groups in Ogun State to conduct Congresses contrary to directives to suspend the exercise.
2. The NWC wishes to reiterate that Congresses at all levels in Ogun State have been suspended until all issues relating to disputes in the State are resolved. Any such congress purportedly conducted is null and void and of no effect whatsoever. Any person or group of persons who flout this directive shall face disciplinary action.
3. Party stakeholders in Ogun State are advised to await further directives on Congresses and ignore anybody claiming to be conducting congresses in the State.
Prof. Rufai Ahned-Alkhali,
National Publicity Secretary.”
B. Is it true that the Party’s NWC issued another Press Statement also published as an advertorial in The Punch of March 10, 2012 at page 68 and signed by Prince Uche Secondus, National Organising Secretary? In the said advertorial, the Appeal Panels for all the States in which party congresses were scheduled to hold were listed including FCT, with the exception of Ogun State. This confirms that there were no congresses in Ogun State? Where then did the NWC picked up the Exco it “recognised” on February 15, 2013? Who conducted the Congress from the National body? Who were the members of the Appeal Panel from the National body if such Congress was indeed conducted? Where were the materials for the congressed printed and released, Abuja the party headquarters or Abeokuta? Can a branch of an institution be greater than that institution itself? Is the recognition of Bayo Dayo group in Ogun State, the punishment promised anyone who disobeyed the NWC directive communicated through its advertorial in The Punch of March 10, 2012 at page 12 to the effect that: “Any person or group of persons who flout this directive shall face disciplinary action?”
C. Is it true that the NWC issued a letter dated May 17, 2012 and signed by its National Secretary, Prince Olagunsoye Oyinlola, announcing and authorising the trio of Chief Ireti Oniyide as Chairman, and Ambassador Tunde Oladunjoye and Hon. Fasiu Bakene as members of Ogun State Caretaker Committee of the PDP to organise the Congress that produced the Senator Dipo Odujinrin-led executives?
SHOCKING DISCOVERY THAT REVEALS A PRE-MEDITATED AGENDA?
Your Excellency Sir, the NWC in its published press statement made on its behalf by the National Publicity Secretary, on February 15, 2013 told the world that the “Caretaker Committee” announced for the South West and its composition – names and offices- were the decision of the NWC. Very far from the truth!
Exactly the same list, names and positions, had been filed by the perpetually litigating Bayo Dayo faction before Hon. Justice Abang two weeks before Mr. Olisa Methu told the world that the list came out of the decision of the NWC! Scanned copies of both Bayo Dayo’s list before the court and NWC list released by Mr. Olisa Mathu two weeks after Dayo’s list was filed at the Court, are attached. Can we then say that the NWC of our great party is under Mr. Buruji Kashamu?! Who is really in charge of the PDP? NWC or Buruji Kasamu?
Your Excellency Sir, we need not tell you who Buruji Kasamu is, a search on Google will tell you all that you need to know, and the need for you to intervene in this matter before your party, our party, the PDP is auctioned!
Lastly, Mr President Sir, It might interest you that Justice Charles Archibong, the judge, who gave the controversial Judgements/Orders purportedly relied on by the NWC was sacked by the National Judicial Council (NJC) on Thursday! Justice Archibong was sacked partly because of his ignoble roles in the Ogun State PDP matter.
The NJC accused him (Archibong) of “issuing a bench warrant on some officials of the Peoples Democratic Party (PDP) for contempt even when the counsel who was directed by the court to serve them filed an affidavit that he had not been able to serve the contempt application”.
According to the NJC, “There were glaring procedural irregularities which showed that Archibong did not have a full grasp of the law and procedure of the court; and that he granted the leave sought in the originating summons (on the Ogun PDP matter) that had no written address of the parties and without hearing both parties in the originating summons after he had earlier on overruled the preliminary objection”.
Need we say more about the character of Justice Archibong and the fraudulent manner in which judgments were obtained from him.
In the light of this Sir, can the PDP, your PDP continue to hold on to Justice Archibong’s judgment as basis for sacking the South-West and Ogun State Exco? That is even assuming that the judgments had not been Stayed by a superior court.
Chairman, Ogun PDP Youths Forum
Alhaji Musa Akinlolu
Secretary, Ogun PDP Youths Forum
Erelu Mojisola Salami
Ogun PDP Youths Forum