Lagos PDP crisis: Court declares no vacancy in 6 key positions

Justice T.A.O Oyekan-Abdullai of High Court 53 (commercial division) of the Lagos State High Court has ruled that there is no vacancy for the positions of the state chairman, state vice-chairman (central), state organising secretary, state legal adviser, LGA chairman in Apapa LGA and LGA chairman, Badagry LGA in Lagos State the chapter of the Peoples Democratic Party (PDP), until the next state congress pursuant to the provisions of Article 47 (6) of the party’s constitution.

The court further held that the special election of the Lagos chapter of the party that held on November 13, 2019, was in contravention of the Peoples Democratic Party (PDP) constitution as there is no vacancy in the six positions until the next state congress of the party.

Justice Oyekan-Abdullai had ordered the State Executive Committee to do the proper thing in accordance with the party’s constitution, after further holding that the special election of the Lagos chapter of the party that held on November 13, 2019, was in contravention of the constitution of the PDP as it was not duly conducted at a duly convened state congress stipulated by the constitution.

The court held further that the State Executive Committee is the only body competent to determine the date and venue in which a state congress is to be held before the national convention and consequently, the special election held on November 13, 2019, was in contravention of the constitution of the PDP as it was not convened by the State Executive Committee

Justice Oyekan-Abdullai, who made the pronouncements while ruling in a matter filed by Dr Dominic Adegbola and three others; Elder John Babatunde Agbaje, Alhaji Fatai Ajisefinni and Chief Taiwo Kuye against the Peoples Democratic Party and six others, said that there cannot be an election into any office of the party without the approved guideline for the election by the National Executive Committee of the party.

Those joined as respondents alongside PDP in the matter delineated LD/3600GCM/2019 are Senator Ben Obi, Senator Biodun Olujimi, Hon. Jarigbe Agom Jarigbe, Hon. Danladi Baidu Tijo, Hon. Ahmed M. Mukthar and the Independent National Electoral Commission (INEC)

According to the court, “the special election held on November 13, 2019, was in contravention of the constitution of the Peoples Democratic Party as there was no approved guideline for the election by the National Executive Committee of the party. That the National Working Committee is not empowered by the party’s constitution to conduct election into party offices at the local government levels.

The court had held that “I hereby dismiss the Preliminary Objection dated November 15, 2019, filed by the first to sixth defendants as they are unfounded and has no leg to stand. It is hereby ordered that the State Executive Council of the party shall do the proper thing in accordance with the constitution of the Federal Republic of Nigeria and the party’s constitution.

“That I hereby set aside the action and consequence of the special election and urge that parties go back to status quo and comply with their party’s constitution and the constitution of the Federal Republic of Nigeria including INEC regulations,” Justice Oyekan-Abdullai held.

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