- It’s good riddance to bad rubbish -Ozekhome
From Godwin Tsa, Abuja
There is controversy over an Abuja High Court ruling which removed Senator Ali Modu Sheriff as the chairman of the Peoples Democratic Party (PDP).
Sheriff, factional chairman of the party rejected the court order and is insisting he remains chairman while his opponents, the Senator Ahmed Makarfi-led Caretaker Committee are rejoicing.
Justice Valentine Ashi declared the purported amendment of section 47(6) of PDP Constitution, 2012 at a special National Convention held in Abuja as unconstitutional, null and void. The court voided the said amendment on the basis that there was no compliance with mandatory provisions of Article 66 (2) and (3) of the PDP constitution.
He held that the amendment offends section 222 of the 1999 Constitution which stipulates that national officers of the parties must be democratically elected and not appointed.
“By reason of the above, the purported amendments introduced to the constitution on the aforesaid dates, are hereby set-aside. “All persons, individuals, servants or agents of PDP parading themselves as national officers of the PDP pursuant to the purported amendment which has now been nullified are hereby restrained from further parading themselves in these capacities, “ Justice Ashi held.
Speaking with Daily Sun, Sheriff said the court judgment has nothing to do with his mandate, which he insisted would terminate in 2018.
“The case has nothing to do with Modu Sheriff. The case is about amendment of the party constitution.
“So, I don’t know why they are linking it with my leadership. It had to do with the 2014 amendment of the PDP Constitution, it had nothing to do with my tenure. I don’t know why Nigerians are so much interested in Ali Modu Sheriff.”
Reacting to the removal, Chief Mike Ozekhome said it is good riddance to bad rubbish. “Sheriff’s ouster is the winnowing out of pretentious chaff from genuine seeds of democracy. It is clear from any discerning mind that Sheriff was nothing but a fifth columnist planted on the soft soil of PDP to destabilise it and cause internal explosion so that it will wither away opposition and give vent to a dominant one party system.”
The amended section of the party’s constitution, which was done in 2014 provides that “where a vacancy occurred, the appropriate Executive Committee of the party will appoint any person from the zone or the area of that person or the officer that left the office, to fill the vacancy pending the conduct of an election.”
In the suit brought by a member of the party in Ondo State, Mr. Joseph Jero, he questioned the 2014 amendment on the grounds that it offends the true position of PDP Constitution of 2012.
Jero said the true position is that where a vacancy occurred, the appropriate Executive Committee of the party will appoint any person from the zone or area of the officer that left the office to fill the vacancy to serve out the tenure of the officer.
Sheriff was appointed by the National Executive Committee of the PDP to complete the tenure of Adamu Muazu which will elapse in 2018.
However, the plaintiff approached the court challenging the 2014 amendment on the ground that the amendments under which Sheriff came on board did not follow due process as stipulated in the party’s constitution.
For instance, the party constitution procedures for amendment stipulates that a two months notice must be given to the secretary of the party’s NEC who will communicate in writing to all the branches of the party on the proposed amendment before it could be done The court agreed with the submissions of plaintiff’s counsel, Uche Mnadi and held that Sheriff’s ascension to office was unlawful as it was based on amended provision of the PDP Constitution said to be illegally introduced in December 2014.
The judge nullified the amendment of the said provision which he ruled was done in violation of mandatory provisions of Article 66 (2) and (3) of the party’s constitution.
But, two members of the part’sy Board of Trustees (BoT), in separate telephone interviews, hailed the judgment.
Chief Ebenezer Babatope said the court verdict will put an end to what he called impunity being perpetrated by the former Borno governor. “That’s a good judgment because Sheriff has no business being there. A court has asked him to go and he must go! He is a stranger in our party and he has no business leading PDP. So, we are all very happy.”
To former PDP deputy national chairman (South- West), Chief Bode George, it would put an end to “political rascality of Sheriff.”
Speaking in the same vein, the Caretaker Committee, under the leadership of Senator Ahmed Makarfi, expressed delight over the judgment.
Secretary of the committee, Senator Ben Obi described the judgment as a welcome development.
“We expect more positive court rulings in the days ahead in favour of our party. It is time for them to face the truth and retrace their steps,” he said. He further called on Sheriff and his supporters to stop their hardline posture and cooperate with the committee to move the party forward. “We believe that truth must be upheld; we want all hands on deck to chart the way forward,” he added.