The All Progressives Congress (APC) has strongly warned the PDP not to to go ahead with its diabolical plan to declare vacant the seats of the five PDP Governors who recently defected to the APC, saying apart
from being illegal and smacking of double
standard, such a move has the potential to plunge the polity into chaos.
In a statement, Thursday, in Abuja by its
Interim National Publicity Secretary, Alhaji Lai Mohammed, the party said that even as the PDP has continued to lick the mortal wound inflicted on it by the loss of five preeminent Governors in one fell swoop, any attempt by
the party (PDP) to act in desperation and
declare the Governors’ seats vacant will be met with an unprecedented show of people power that will end, once and for all, the impunity of the PDP and the Presidency.
”We have irrefutable evidence that the PDP is
desperately shopping for a pliant Judge who will be heavily induced to declare vacant the seats of the five Governors who recently
defected to the APC. We also
have the name of the lawyers who have been
retained by the PDP for
this hatchet job.
”We are in possession of the various nefarious
legal options being explored by the villainous duo of the PDP and
the Presidency but we hereby serve a strong
notice to the duo that any
attempt by anyone through any means other
than what is provided for in section 188 of the 1999 Constitution as
amended will not only have grave consequences but will leave the polity severely bruised.
”We know the PDP and the Presidency are
anarchic and nihilistic, and
will not mind to pursue any narrow and selfish
objective, even if
doing such can plunge the nation into crisis.
But their cup is
gradually getting full. Having got away with
their trademark impunity
in Delta and Anambra States, these lawless,
reckless and feckless duo
of maleficence now believe they can continue
to act without regards to
the laws of the land and with no scintilla of
decency.
”We wish to state unequivocally that should
the PDP go ahead with
this plan, there will be widespread
repercussions as the APC has
resolved that henceforth, every act of impunity
of the PDP and the
Presidency will be met with stiff resistance in
the form of a
vociferous telegraphing of people power, the
likes of which have not
been witnessed in these parts,” it said.
APC reminded the PDP and the Presidency
that a party that boasts of 16
Governors….still counting…and has control of
the National Assembly has what it takes to
use people power to stop
acts of impunity, disregard for the laws of the
land
and barbaric brigandage – and that is exactly
what the APC will do in
the event of any unlawful declaration of the
five
Governors’ seats vacant.
The party also warned against any attempt by
the PDP and the
Presidency to turn back the hands of the
clock as far as the
cleaning up of the judiciary is concerned, by
inducing a servile and
disreputable Judge to do the duo’s bidding.
”We recognize the efforts of the present CJN
to sanitize the
Judiciary since she assumed the mantle of
leadership but she
should not allow any black leg to reverse the
gains that have been
recorded on the altar of unmitigated avarice.
This is
because if that happens, Nigerians will hold
the Judiciary vicariously
liable for the catastrophic consequences that
may follow,” it said.
Accusing the PDP of engaging in double
standard, APC said ”For all of
14 years, elected members of the State
Houses of Assembly as well as
the National Assembly have been defecting
mostly to the PDP and no
court has ever declared their seats vacant.
”Late Senator Wahab Dosunmu and Senator
Adeseye Ogunlewe, then of the
Alliance for Democracy (AD), blazed the trail
when they decamped to
the PDP within a year of their election. Since
then scores of elected
lawmakers at state and federal levels have
defected to the PDP without
any eyebrows being raised or anyone
declaring their seats vacant.
”When Governors Ikedi Ohakim of Imo State
and Theodore Orji of Abia
state, both elected on the platform of the
PPA, and
Governor Isah Yuguda of Bauchi state, who
was elected on the platform
of the ANPP, defected to the PDP, nobody
declared their seats vacant.
”As a matter of fact, the PDP under late
President Umar Yar’Adua
organized an elaborate reception to welcome
Gov. Yuguda to the PDP.
Why then should the case of the five PDP
Governors (still counting)
who have joined the APC be different? Why is
the PDP suddenly afraid
of taking the same medicine it has been
administering to others? Does
it mean that all the bravado that has been
displayed by the PDP, which
says it is not bothered by the defection of the
five Governors, is
just a facade to hide its deep pain at the
monumental loss?” the
party queried.
It also asked the PDP and the Presidency, if
they can allow a rare
moment of introspection, to go and read – and
be guided by – the
ruling of the Supreme Court after the PDP
attempted to make then Vice
President Atiku Abubakar to lose his seat and
to also strip him of his
privileges following his defection to the ACN.
http://www.vanguardngr.com/2013/12/dont-remove-defecting-govs-apc-warns-pdp/

APC now defending "former" pdp governors All of una, na the same.

What is wrong with this PDP self,is it by force to be in their party?

I would be very happy, if PDP enjoins the then ANPP to declare Gov. Isa Yuguda's seat vacant after defecting from ANPP to PDP even as a governor.

The fact that they could not challenge other governors defection to PDP doesn't mean PDP has no right to challenge the defection of theirs to other party.

Ok! Wen it happens I'll like to see lai mohammed at d forefront of d masses' protest. Lai u can't incite me against anybody u're not better than!

If a court declares their seat vacant, I don't see how that will be termed unconstitutional. If the other parties did not approach the court to declare the seats of the defecting Governors vacant, doesn't mean that PDP cannot in this case approach a court for redress (if they strongly feel that they have a case).

So quit threatening and ranting and challenge them in court

chidexy: If a court declares their seat vacant, I don't see how that will be termed unconstitutional. If the other parties did not approach the court to declare the seats of the defecting Governors vacant, doesn't mean that PDP cannot in this case approach a court for redress (if they strongly feel that they have a case).

So quit threatening and ranting and challenge them in court

It is apparently unconstitutional to remove a governors other than that prescribed by the constitution. A desperate pdp can bribe a federal high court to declare their positions vacant, and immidiately the president would use the police to effect the kangaroo judgement, and ask the affected governors to go to court. Then the attorney general will use delay tactics until 2015. Even if the appeal court give a favourable judgement to the governors. the government will still fail to allow the governors resume by claiming that it is only after final judgement by the supreme court that they will abide by the court's decision.

We have seen this scerenio played out over and over again.

A good example is the Oyinlola case. A high court declared Oyinlola's seat as PDP secretary vacant and the very next day he was removed from office. now that he has won at the appeal court, they are using the police to stop him from resuming by claiming they are waiting for the supreme court to pass final judgement.

I hope Jonathan does not plan on using Nigerian armed forces to enforce illegality, it might have disasterous consequences.

if pdp decides to go to court to seek by way of redress wrong of the five defecting govs,i dont see anything wrong with that as long as it is constitutional.all of them are the same,i dont like pdp as well as apc cos they are the problem we have in naija politics

PDP will fight this in the courts and use the supreme court ruling on Ameachi's first term to argue for their removal.

APC should shutup and should begin to prepare their appeal up to the supreme court.

wahala dey oh!

interesting

wirinet:

It is apparently unconstitutional to remove a governors other than that prescribed by the constitution. A desperate pdp can bribe a federal high court to declare their positions vacant, and immidiately the president would use the police to effect the kangaroo judgement, and ask the affected governors to go to court. Then the attorney general will use delay tactics until 2015. Even if the appeal court give a favourable judgement to the governors. the government will still fail to allow the governors resume by claiming that it is only after final judgement by the supreme court that they will abide by the court's decision.

We have seen this scerenio played out over and over again.

A good example is the Oyinlola case. A high court declared Oyinlola's seat as PDP secretary vacant and the very next day he was removed from office. now that he has won at the appeal court, they are using the police to stop him from resuming by claiming they are waiting for the supreme court to pass final judgement.

I hope Jonathan does not plan on using Nigerian armed forces to enforce illegality, it might have disasterous consequences.

A supreme court ruling removed an elected Governor not based on the actual election outcome but the primaries leading up to it.
PDP will argue their case with the original supreme court ruling that favored Amechi which set aside party affiliation above Individual candidacy on the premise that before one can contest an election, one must be presented at the polls by a political party. In the case of Ameachi that party was the PDP. Now that Ameachi has moved over to the APC which neither fielded Ameachi or won any election in Rivers as a party, Ameachi will then be requested to vacate the office AND not ONLY HIM! If his deputy switched with him both will then be made to vacate the office and if the speaker is also not a PDP member he also will not occupy the office.

Bishop Magic:

A supreme court ruling removed an elected Governor not based on the actual election outcome but the primaries leading up to it.
PDP will argue their case with the original supreme court ruling that favored Amechi which set aside party affiliation above Individual candidacy on the premise that before one can contest an election, one must be presented at the polls by a political party. In the case of Ameachi that party was the PDP. Now that Ameachi has moved over to the APC which neither fielded Ameachi or won any election in Rivers as a party, Ameachi will then be requested to vacate the office AND not ONLY HIM! If his deputy switched with him both will then be made to vacate the office and if the speaker is also not a PDP member he also will not occupy the office.

You are very wrong. The supreme court can never remove a validly elected governor. The powers of the courts stops at the elections and the processes leading to an election. Once a governors has been validly elected, only the state houses of assembly by way of impeachment, death, resignation or incapacitation can remove a governors.

What the supreme court determined in the Amaechi - Omeiha case was who the valid candidiate was pre election. It stated that the validly norminated governorship candidiate of PDP was Amaechi and Celestine Omeiha was not even a candidiate in the elections. It says that INEC and PDP illegally substituted Amaechi's name outside the terms and time allowed by the electorial act. So in effect Celestine Omehia was never governors of Rivers State. Same way the Appeal court determined Ngige, Oni, Oyinlola and Akala did not win elections but was illegally imposed by inec and pdp and so were never governors of their respective states.

The case now case of the defecting 5 governors is quite different. There is no dispute about the validity of their elections, so no court can remove them. If you are searching for an appropriate precedence, you should look at the Atiku - Obasanjo case. When Atiku defected to AC in 2006, OBJ and the PDP declared the vice president's seat vacant, but the same supreme court said it was null and void, and that a political party cannot declare an executive position vacant. Atiku remained an AC vice president in a PDP government and contested against the PDP in the presidential elections.

I am sure you do not know the implication of what you are asking the courts to do because of your blind hatred for Amaechi and opponents of President Jonathan. You are asking the courts to give political party leaders the powers to remove a governor. Imagine a party like ACN where Tinubu is lord, all he had to do to remove a governor not playing to his tune is to expel the governor from the party and voila, the seat becomes vacant for a more loyal person.

wirinet:

You are very wrong. The supreme court can never remove a validly elected governor. The powers of the courts stops at the elections and the processes leading to an election. Once a governors has been validly elected, only the state houses of assembly by way of impeachment, death, resignation or incapacitation can remove a governors.

What the supreme court determined in the Amaechi - Omeiha case was who the valid candidiate was pre election. It stated that the validly norminated governorship candidiate of PDP was Amaechi and Celestine Omeiha was not even a candidiate in the elections. It says that INEC and PDP illegally substituted Amaechi's name outside the terms and time allowed by the electorial act. So in effect Celestine Omehia was never governors of Rivers State. Same way the Appeal court determined Ngige, Oni, Oyinlola and Akala did not win elections but was illegally imposed by inec and pdp and so were never governors of their respective states.

The case now case of the defecting 5 governors is quite different. There is no dispute about the validity of their elections, so no court can remove them. If you are searching for an appropriate precedence, you should look at the Atiku - Obasanjo case. When Atiku defected to AC in 2006, OBJ and the PDP declared the vice president's seat vacant, but the same supreme court said it was null and void, and that a political party cannot declare an executive position vacant. Atiku remained an AC vice president in a PDP government and contested against the PDP in the presidential elections.

I am sure you do not know the implication of what you are asking the courts to do because of your blind hatred for Amaechi and opponents of President Jonathan. You are asking the courts to give political party leaders the powers to remove a governor. Imagine a party like ACN where Tinubu is lord, all he had to do to remove a governor not playing to his tune is to expel the governor from the party and voila, the seat becomes vacant for a more loyal person.

Omehia was sworn in. His emergence as a governor from being successful at the poll was not debated it was the primaries that the supreme court ruled on. That same victory for Omeha was handed to Ameachi.

The Supreme court ruling will surely be applied.

And yes I hate ameachi with passion and it has nothing to do with GEJ but his affiliation with those criminal hausa/fulanis that have pillaged the Niger-Delta

wirinet:

You are very wrong. The supreme court can never remove a validly elected governor. The powers of the courts stops at the elections and the processes leading to an election. Once a governors has been validly elected, only the state houses of assembly by way of impeachment, death, resignation or incapacitation can remove a governors.

What the supreme court determined in the Amaechi - Omeiha case was who the valid candidiate was pre election. It stated that the validly norminated governorship candidiate of PDP was Amaechi and Celestine Omeiha was not even a candidiate in the elections. It says that INEC and PDP illegally substituted Amaechi's name outside the terms and time allowed by the electorial act. So in effect Celestine Omehia was never governors of Rivers State. Same way the Appeal court determined Ngige, Oni, Oyinlola and Akala did not win elections but was illegally imposed by inec and pdp and so were never governors of their respective states.

The case now case of the defecting 5 governors is quite different. There is no dispute about the validity of their elections, so no court can remove them. If you are searching for an appropriate precedence, you should look at the Atiku - Obasanjo case. When Atiku defected to AC in 2006, OBJ and the PDP declared the vice president's seat vacant, but the same supreme court said it was null and void, and that a political party cannot declare an executive position vacant. Atiku remained an AC vice president in a PDP government and contested against the PDP in the presidential elections.

I am sure you do not know the implication of what you are asking the courts to do because of your blind hatred for Amaechi and opponents of President Jonathan. You are asking the courts to give political party leaders the powers to remove a governor. Imagine a party like ACN where Tinubu is lord, all he had to do to remove a governor not playing to his tune is to expel the governor from the party and voila, the seat becomes vacant for a more loyal person.

Bros please stop arguing with sentiments and face facts.wen the courts rule against tem go and stop them from removing them. Let us see.what they have done is unconstititutional.it dosent matter if PDp did so in the past.if other parties refused to challenge the PDP in court in the past then that is their own cup of tea.

chukwudi44:

Bros please stop arguing with sentiments and face facts.wen the courts rule against tem go and stop them from removing them. Let us see.what they have done is unconstititutional.it dosent matter if PDp did so in the past.if other parties refused to challenge the PDP in court in the past then that is their own cup of tea.

Am I discussing with a mule? or does hatred render a person deaf and blind? Why don't you people do us a favour and quote relevant sections of the constitution that allows a political party to remove a validly elected governor?


I also hope your principal would allow the case be decided by the supreme court has had been done in all previous cases involving governors before sending the police and military in to enforce court judgements, and not move in like Jack Bauer immidiately ahigh court makes a promouncement they are in agreement with.

The case would be a no brainer at the supreme court.

Bishop Magic:

Omehia was sworn in. His emergence as a governor from being successful at the poll was not debated it was the primaries that the supreme court ruled on. That same victory for Omeha was handed to Ameachi.

The Supreme court ruling will surely be applied.

And yes I hate ameachi with passion and it has nothing to do with GEJ but his affiliation with those criminal hausa/fulanis that have pillaged the Niger-Delta

What are you arguing? I propose elementary law should be part of GNS studies in our Nigerian universities. It would help make Nigerian, especially graduates better citizens.

The fact that Omehia was sworn in as governors does not make him a past governors of rivers state. If you check the history of rivers state Celestine Omehia's name would not appear as a past governors. His elections was nullified by the courts (meaning it never happened).

The fact that you married with all the ceremonies of marriage, ie signing the marriage register, collecting a marriage certificate, throwing a big owambe party, etc does not mean you cannot be declared never to have married. If the courts decide the marriage was done in error, done in deceit or bigamy is proven, the courts can nullify the marriage and you cannot be said to have divorced, since you were never married.