Wednesday 20 November 2013

Baraje, Oyinlola, others sue PDP, INEC over suspension

former Osun State Governor,  Prince Olagunsoye Oyinlola and New PDP National Chairman, Alhaji Abubakar  Baraje


Leaders of the factional Peoples Democratic Party on Tuesday approached an Abuja Federal High Court to challenge their suspension from the PDP.
The leader of the group, Abubakar Baraje, and the others – court-reinstated National Secretary, Prince Olagunsoye Oyinlola; former National Deputy Chairman, Dr. Sam Sam Jaja; and Alhaji Ibrahim Kazaure – filed the suit through their lawyer, Chief Awa Kalu, SAN.
The plaintiffs are asking the court to set aside their suspension on the grounds that it was done in bad faith.
They are contending that the decision is contrary to the disciplinary procedure outlined in the Constitution of the PDP.
They are also asking the court to hold that their suspension breached the principle of fair hearing stipulated in the country’s 1999 Constitution.

Listed as defendants in the suit are, the PDP and the Independent National Electoral Commission.
The PDP had on November 11 suspended the key members of the ‘New PDP’ just as they were getting set to enforce a Court of Appeal verdict, which set aside Oyinlola’s sack as the party’s National Secretary.
An Abuja FHC had sacked Oyinlola as the PDP scribe, and subsequently ordered the party and INEC to replace his name in relevant records.
However, following an appeal by Oyinlola, the Court of Appeal, Abuja Division, set aside the trial court’s decision.
But the Alhaji Bamanga Tukur-led PDP ensured that Oyinlola did not return to the office by suspending him alongside the others.
PDP National Publicity Secretary, Olisa Metuh, who announced the suspensions, said Oyinlola and the others violated the party’s rules.
Metuh said Oyinlola, Jaja and Kazaure had grossly breached the provisions of section (58) (1) (b) (g) (h) and (I) of the party’s constitution.
Section 58 of the PDP Constitution reads: “58 (1) Subject to the provisions of this Constitution, the party shall have power to discipline any member who:
(a) Commits any breach of the party’s constitution, and or manifesto;
(b) Says or does anything likely to bring the party into disrepute, hatred or contempt;
(c) Disobeys or neglects to carry out lawful directives of the party or any organ or officer of the party;
(d) Engages in dishonest practices, defrauds the party, its members or officials;
(e) Is persistently absent from meetings or other official duties;
(f) Engages in anti-party activities;
(g) Engages in disorderly conduct at meetings or rallies or at any party function;
(h) Engages in any conduct likely to cause disaffection among members of the party or is likely to disrupt the peaceful, lawful and efficient conduct of the business of the party; and
(i) Engages in unauthorised publicity of disputes within the party or creates a parallel party organ at any level.”
Metuh also said Baraje, Oyinlola and the two others had been referred to the party’s disciplinary committee for further investigation and action.
According to him, the PDP national leadership uncovered the quartet’s several attempts at stealing the identity of the PDP.
Metuh had explained that three of the suspended members pronounced themselves as officers of the party which they called ‘New PDP’.

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