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Wednesday 13 November 2013

PDP Vs Oyinlola: Battle Shifts To INEC

Chat212 - Mail Summary...

  • Oyinlola letter to the National Chairman of the INEC Prof. Attahiru Jega concerning Peoples Democratic Party constitution.
  • Constitution empowers me to be the sole signatory to  all letters emanating from the national secretariat of the party.
  • He also asked INEC to reflect  on the development in its records, just as he attached a copy of the judgment to his letter.

Chat212 News Mail... Report

A former Osun State Governor, Prince Olagunsoye Oyinlola,  has written a letter to the National Chairman of the Independent National Electoral Commission,  Prof. Attahiru Jega, saying the Peoples Democratic Party   constitution empowers him to be the sole signatory to  all letters emanating from the national secretariat of the party.

Oyinlola, whose suspension from the PDP was announced by the leadership of the party in Abuja on Monday, also reminded INEC  about the Court of Appeal judgment that reinstated him as the national secretary of the PDP.

In the letter with reference number PDP/NS/56 and dated November 11, 2013, Oyinlola informed the commission and its chairman(Prof. Attahiru Jega), that the   Appeal court verdict  had invalidated the January 11, 2013  judgment   by Justice Abdul Kafarati of the Federal High Court, Abuja.

The letter reads, “I present to you my warm and sincere compliments.

“As you may be aware, the Court of Appeal, Abuja Judicial Division, has nullified the January 11, 2013 judgment of the Federal High Court, Abuja which removed me from office as the national secretary of the PDP.

“The directive of the court was implemented by   INEC, which consequently struck out my name off its register and other documents, as the national secretary of the PDP.

“Following the nullification of the above stated judgment of the FHC , Abuja presided over by Justice  Kafarati by the Court of Appeal, Abuja, which is a superior court of competent jurisdiction, which also ruled that I was wrongly removed from office as  the  PDP national secretary, this correspondence serves to inform you of my decision to continue to perform my duties as the validly elected national secretary of the PDP.

“Your records would reveal that I was validly elected into office as  the national secretary  of the PDP at its  national convention on Saturday, March 24, 2012.”

Oyinlola therefore asked INEC to reflect  on the development in its records, just as he attached a copy of the judgment to his letter.

He said further, “You are requested to kindly note this development and reflect it accordingly in your records, in compliance with the court judgment delivered on Wednesday,  November 6, 2013.

“A copy of the judgment is attached for your attention and further necessary action, please.

“Kindly note that in compliance with the constitution of the PDP, I’m expected to sign all official correspondence emanating from the PDP national secretariat  to the INEC, in my capacity as the national secretary of the PDP.”

As stated in Oyinlola’s letter, Article 36 of the PDP constitution stipulates the duties of the secretary, which include rendering a written annual report of the activities of the party to INEC and the national convention.

The article also describes the national secretary as the “chief administrative and accounting officer of the party.”

The party’s constitution adds that the national secretary “shall be the custodian of the common seal of the party”.

Oyinlola   also sent a letter to the National Legal Adviser of the party, Mr. Victor Kwom, asking him to advise the party to  comply with the appeal court judgment.

The letter to Kwom reads in part, “You are requested to kindly note this development for immediate compliance by the PDP and all its organs, particularly the national chairman and members of the National Working Committee of our great party.”

When contacted by one of our correspondents, INEC  said that Oyinlola’s letter would be treated   in the context of  the  court judgment.

“The letter will be taken in the context of the judgment. It has to be taken in the context of the judgment”, Mr. Kayode Idowu, the   Chief Press Secretary to  Jega said.

He, however,  said that since the verdict was not directed at INEC,  it was purely a party matter.

 “Are you aware that the court judgment was not directed at INEC? The judgment was directed at the party and so it is a party matter”, “ Idowu added.

Meanwhile, the  leadership of the  PDP has  said    it has written   to the  INEC  on the   suspension of    Baraje, Dr. Sam Jaja,   Oyinlola and Amb. Ibrahim Kazaure .

It said  in a statement  by its  National Publicity Secretary, Chief Olisa Metuh. The party   said  the letter was personally signed by  its  National Chairman, Dr. Bamanga Tukur.

“The decision of the NWC was in exercise of its powers under section 57 (3) of the PDP constitution, 2012 (as amended) and in the overall interest of the Party and its members,” Metuh said in the statement.

But    Baraje said there was no cause for alarm over his suspension and that of three other members of  the  faction.

In  an electronic message to our correspondent in Ilorin,  he  said    the action    only confirmed their  claims  of   impunity, recklessness, disregard for the  rule of law and non-adherence to due process by the  Tukur-led NWC  of the PDP.

He  added  that very soon, the suspended  members would announce their next line of action.

Baraje also appealed to Nigerians, especially   supporters of the New PDP to remain calm, steadfast and be prayerful over the development.
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