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Thursday, 1 August 2013
PDP Can’t Elect New Secretary –Court
An Osun State High Court, sitting in Osogbo, on Wednesday, granted a motion exparte stopping conduct of election to fill the vacant position of national secretary of the PDP during the planned mini national convention of the party. The order followed a suit filed by the ousted National Secretary of the party, Prince Olagunsoye Oyinlola.
Justice Oyejide Falola granted the three prayers in the motion after listening to the argument of counsel for the applicant, Barrister Realwan Okpanachi. The claimant, Prince Olagunsoye Oyinlola had dragged the Osun state PDP chairman, Alhaji Ganiyu Olaoluwa and the PDP national leadership before the court over plan by the National Working Committee (NWC) of the party to hold a mini national convention during which some of the vacant positions in the NWC, including that of national secretary, which was last held in substantive capacity by the claimant, will be filled. Also joined in the suit is the chairman of the PDP Mini National Convention Committee, Professor Jerry Gana.
In his submission, the plaintiff’s counsel, Barrister Okpanachi, argued that his client, whose election as PDP national secretary was nullified by the declaratory judgment of Justice Abdul Kafarati of an Abuja High Court on January 13, this year, has a pending appeal before Court of Appeal Abuja, due for hearing in September.
He contended that, despite having full knowledge of the pending appeal, PDP still went ahead to constitute a committee to plan a mini convention during which election into the office of the national secretary will be held.
Okpanachi maintained that the motion was filed to protect the right of appeal of his applicant and protect the sanctity and threshold upon which judicial system is built, stressing that if the motion was not granted by the court and the defendants are allowed to conduct election to fill the post of national secretary during its planned mini convention, no issue will be left for the court to decide in September, when hearing of the appeal will come up. He, therefore, prayed the court to favourably consider and grant the motion before it, considering the urgent nature of the issue involved.
In his ruling, Justice Falola held that the 2nd and 3rd respondents, Professor Gana and PDP national leadership be served copies of the motion outside the jurisdiction of the court, pointing out that, upon the receipt of the motion, the respondents should maintain status quo prior till 26 July, the day the action was instituted before the court.
He also ordered that, should the PDP hold its mini convention, election must not be conducted to fill vacant position of national secretary in the NWC of the party pending the determination of the motion on notice, just as he adjourned the matter till Monday, August 19.