The immediate past Chairman of the
Peoples Democratic Party, PDP, Alhaji
Bamanga Tukur, yesterday, began a legal
battle at the Abuja Federal High Court to
reclaim his seat and preside over the
affairs of the party untill 2016.
He is also seeking an order of the court
empowering him to preside over the
forthcoming national convention of the
party.
He had, about 24 hours ago revealed
that he was forced to resign his office to
allow the defected governors return to
the party.
But Tukur, who claimed that his tenure
was still running; his resignation being
unprocedural requested an order of the
court setting aside the purported
resignation letter dated January 15, 2014
and reinstate him as the substantive and
duly elected chairman of the party at its
national convention in 2012 until the
completion of his term in 2016.
He also wants the court to restrain the
PDP and the Independent National
Electoral Commission, INEC, from
further recognising, permitting or
allowing Alhaji Adamu Mu’azu to preside
over the affairs of the party.
He wants the court to declare that his
resignation was null and void and that
the appointment of Mu’azu by the NEC of
the party was also null and void being
inconsistent with Section 45(1) and (2) of
the party constitution.
He had earlier asked the court to
determine whether his purported
resignation complies with Section 47(5)
of the party’s constitution as amended.
Tukur also asked the court to decide
whether if his purported resignation did
not comply with Section 47(5) of the PDP
constitution will not renders the
resignation null and void.
The former party boss also asked the
court to decide whether the
appointment of Mu’azu is not in
contravention of Section 45(1) and (2) of
the party constitution, Section 85(3) of
the Electoral Act, 2010 and Section
223(1) of the 1999 Constitution.
His litany of requests are contained in
the counterclaim he instituted in a suit
seeking to sack Muazu.
In law, a counter claim has the status of
an independent suit different from the
principal case.
The counter claim was filed yesterday at
the registry of the court through his
counsel, Adamson Adeboro.
The counter claim was a response to a
suit instituted by an aspirant to the
House of Representatives in Adamawa
State, Aliyu Abuba Gurin seeking to
unseat Mu’azu and also stop the party’s
planned delegates convention.
The trial judge, Justice Evoh Chukwu will
this morning hear Tukur’s request.
It would be recalled that Tukur had
claimed in a process filed in the same
suit that he was forced to resign his
position as the national chairman of the
party in order for the seven defected
governors to come back to the party.
Tukur had further revealed that
following the defection of the seven PDP
governors to the All Progressive
Congress, APC, in 2013, pressure was
mounted on President Goodluck
Jonathan to remove him to enable the
governors return to the party.
In the counter claim filed yesterday,
Tukur is asking the court for an order in
the original suit asking the court to stop
the planned national convention of the
PDP scheduled for 10th and 11th of
December, 2014.
The plaintiff in the suit also contended
that the resignation of Tukur did not
comply with the provision of Section
47(5) of the constitution of the party
which stipulates that a 30 days’ notice be
given to the NEC by Tukur.
The defendants in the suit are the PDP,
Alhaji Tukur, Mu’azu and INEC.
In a seven paragraph affidavit in support
of the counter claim deposed to by one
Femi Ekperobe, Tukur averred that he
had stepped aside as the chairman of
the party for the defected governors to
return but surprisingly, 10 months after,
the governors are yet to return.
He also averred that in a situation in
which he could not finish his four years
tenure as the chairman, he is to hand
over to the deputy national chairman as
acting chairman in line with the
constitution of the party pending the
holding of a national convention to elect
new national chairman.
Tukur further stated that the NEC of the
party has no power to appoint the
national chairman adding that the votes
and proceedings of NEC held at Wadata
House on January 15 and 20, which
deliberated on his resignation and
appointment of Mu’azu as chairman are
nullity.
He further added that even if he had
submitted a letter of resignation on
January 15 to the party, the letter did not
comply with Section 47(5) of the party’s
constitution, which requires that a 30
days prior notice should be given.
Furthermore, Tukur stated that the
subsequent presentation of Mu’azu to
NEC as the new chairman for
appointment did not comply with
Section 47(6) of the party constitution,
Section 85(3) of the Electoral Act, 2010
and Section 223(1) of the 1999
Constitution (as amended).
Also, he stated that as at the time of
appointment of Mu’azu as the national
chairman of the party, no vacancy
existed in the office of the national
chairman.
He further stated that the Mu’azu lacks
power to preside over the planned
convention as such will nullify the
proceedings of the convention if allowed
to do so.
He however submitted that it will be in
the interest of all parties if status quo
ante bellum is maintained, pending the
election of a new chairman by the
national convention.

nationalmirroronline.net/new/bamanga-tukur-asks-court-to-reinstate-him-as-pdp-chairman/

What did he smoke I tot the old man has being settled with Ambassador at Large position God, what is wrong with everybody in this Country

This is wat happens wen a C-in-C want to get his way by all means, wen we hav a C-in-C who want to do a "do or die" affair, he wl always cause confusion everywhr wch is stil manifesting in PDP, Nigeria has neva bn ds worst in history, PDP itself has neva bn ds worst as well......just like i'v bn saying long b4 now, jonathan wl either "make or break" himself nd his political career. But he's heading more to that part of "break", my only fear is how it affects Nigeria as a whole