APC vs. PDP: Date Of EPIC Legal BATTLE Over Defected Governors Set
The date has been fixed for hearing of the Peoples Democratic Party's application seeking to declare the seats of defected governors vacant. On January 27, 2014, representatives of the All Progressives Congress will meet with the PDP at the Federal High Court, Abuja, over their constitutional right to defect from the party on which platform they were elected.
Events that led to the split within the PDP
It will be recalled that Governors Rotimi Amaechi (Rivers State), Rabiu Kwankwaso (Kano State), Aliyu Wamakko (Sokoto State), Murtala Nyako (Adamawa State) and Abdulfatah Ahmed (Kwara State) have abandoned the PDP last month after a protracted crisis.
The governors and the leadership of the PDP, led by Alhaji Bamanga Tukur, disagreed over the issue of running of the party. This caused a split, and the New PDP fraction emerged, led by Alhaji Kawu Baraje. Apart from the aforementioned governors, other PDP leaders, such as former Vice President Atiku
Abubakar, Senator Bukola Saraki, Dr. Sam Sam Jaja, Prince Olagunsoye Oyinlola, among others, joined the New PDP.
Many of these leaders later joined the governors in their shifting over to the APC. The PDP have hence urged the court to declare vacant the governors' seats, following their defection.
Chief Olisa Metuh has his say
The National Publicity Secretary of the PDP, Chief Olisa Metuh, said yesterday:
"We are in court to test the law because the five governors had no basis for their defection. Our party is not in crisis.
"We are a law-abiding party, we believe their defection has raised a constitutional issue and we have gone to court.
"We
have not made noise about the suit; we want the Judiciary to decide
whether it was right or wrong for the governors to have defected."
Asked why PDP was crying out when it had received defecting governors from other parties in the past, Metuh added:
"Those
parties did not test the law at that time. It is not our fault for any
party to have slept on its right. We are not to defend that.
"We know that we are not in crisis. The governors should not have left the PDP."
The legal battleThe APC governors' legal team is being coordinated by Mr. Lateef Fagbemi (SAN). The governors have raised a 10-man legal team to defend their right to political association.
Others in the defence team are Chief Adegboyega Awomolo (SAN); Yusuf Ali (SAN); John Bayeshea (SAN); Ahmed Raji (SAN) and the Attorneys-General of the five states, among others.
One of the lawyers confirmed the January 27 hearing notice. He said:
"The
PDP is just playing to the gallery; we are battle-ready for them. I can
tell you that they cannot go far because this is a case with precedent.
"When
ex-Governor Mahmud Shinkafi defected from the defunct All Nigeria
Peoples Party (ANPP) to the PDP, there was a judgment in his favour by
the same Federal High Court.
"In line
with its respect for the Judiciary, the ANPP did not go to the Court of
Appeal. But since the PDP believes that might is right, they are banking
on incumbency factor to embark on a wild goose chase.
"What
of the case of ex-Vice-President Atiku Abubakar, who defected to the
former Action Congress (AC) to contest the presidential election in
2007? Did the PDP not go to court to stop him? Atiku won.
"Since they want to hunt in legal wilderness, the five governors will give them a fight for their money and influence.
"They are only seeking to intimidate the five governors who have decided to pitch tent with the desire for change."
The
party is seeking a declaration or an order of the court on the the
Houses of Assembly of the affected states to remove the governors. The
party is seeking a declaration that:- by the combined provisions of Section 177(c), 221 and 222(c) of the 1999 Constitution (as amended), the 2nd – 6th defendants who were elected on the platform of the plaintiff cannot continue to enjoy the mandate given to the plaintiff by the people/electorate of the states as the 2nd – 6th defendants have defected to the APC;
- in the absence of any division known and recognised by law in the plaintiff, the 2nd – 6th defendants who were elected under the plaintiff’s platform have vacated or forfeited their seats forthwith upon their defection to APC;
- having combined provisions of Section 87 of the Electoral Act 2011 (as amended), Sections 177(c), 221 and 222(c) of the Constitution (as amended) the 2nd – 6th defendants’ defection from the plaintiff to the APC, the offices of the 2nd – 6th defendants have reverted to the plaintiff;
- by combined provisions of Sections 177(c), 221 and 222(c) of the Constitution upon the defection of the 2nd – 6th defendants from the plaintiff to the APC, the mandate reverts to the deputy governor or speaker of the Houses of Assembly of the states or any officer next in rank who is still a member of the plaintiff to function and assume the office of the governor of the states in question; and
- a declaration that by the combined provisions of
Sections 177(c), 221 and 222(c) of the Constitution the act of defection
by the 2nd – 6th defendants from the PDP under whose platform they were
elected to APC amounts to gross misconduct.
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