Emerging report indicates that the sacked National Chairman of the Peoples Democratic Party, PDP, Prince Uche Secondus, has filed a notice of appeal before the Supreme Court of Nigeria, seeking for a declaration that only him had the legal right to preside over the last National Convention of the main opposition party.
Secondus is also seeking for an order declaring that his suspension at the Ward level was not enough reason for him to vacate Office as the National Chairman of the PDP.
Recall, that on August 23, 2021, some members of the party instituted a suit marked PHC/2183/CS/2021, at the High Court of Rivers State, Port Harcourt Judicial Division, with Secondus and the PDP as Defendants. The Applicants asked the court to stop Secondus from parading himself as the PDP National Chairman, as he had been suspended at his Ward.
The court subsequently restrained Secondus from performing the functions of the Office of the National Chairman of the PDP, but he filed an appeal before the Court of Appeal, demanding that his suspension be declared illegal, and the party be prevented from holding its October 30 and 31, 2021, National Convention, unless he was allowed to preside over the exercise.
His appeal was thrown out, and the court gave the PDP the green light to hold its Convention. At the National Convention, a former Senate President, Iyorchia Ayu, emerged as the National Chairman of the party, and is expected to resume Office, alongside other members of the new National Working Committee, NWC, of the PDP, on December 9, 2021.
However, Secondus is now praying the Supreme Court to declare that the Court of Appeal erred in its judgement.
According to the appeal filed by his Lawyer, Tayo Oyetibo, SAN, there are three grounds for appeal.
Secondus said that Section 222 (C) of the 1999 Constitution, as amended, requires every political party to have a Constitution, which shall be registered with the Independent National Electoral Commission, INEC.
According to him, Article 35 (1) (B) of the PDP’s Constitution confers on the National Chairman of the party, the right to preside over the National Convention, but the Appellate Court gave the party the right to hold the Convention without him.
The embattled Chairman also argued that the fact that he was suspended at his Ward, did not translate to him being suspended as the National Chairman of the PDP.
The notice of appeal reads in part: “The Court of Appeal erred in Law, when it held that the Appellant had no legal right or interest to protect by his application, which was filed on October 14, 2021, and re-filed on October 27, 2021.
“The Court of Appeal erred in Law and violated the Appellant’s right to fair hearing, when it held that the Appellant, having been suspended as a member of the 6th Respondent (the PDP), could not continue to function as the National Chairman.
“The Court of Appeal erred in Law in dismissing the Appellant’s application, which was filed on October 14, 2021, and re-filed on October 27, 2021.”
Secondus subsequently sought 4 reliefs, including an order allowing the appeal, an order setting aside the decision of the Appellate Court, and an order confirming that Article 35 (I) (B) of the PDP Constitution, confers on him the personal right to preside over the National Convention of the party.
Should the Supreme Court grant Secondus’ prayers, it will imply that everything that the PDP has done in his absence, will be null and void.
More news later…