...wants victorious scribe sworn in Monday . Party members in Ogun take case to Supreme Court
The splinter new Peoples Democratic Party, PDP, yesterday threatened to storm the Wadata House headquarters of the party in Abuja on Monday to ensure the swearing-in of the former Osun State Governor, Prince Olagunsoye Oyinlola, as the National Secretary of the PDP.
This followed the Court of Appeal verdict reversing his removal.
The Abubakar Barajeled PDP also said that the judgement was a sign that the party's National Chairman, Alhaji Bamanga Tukur, and others illegally occupying posts in the National Working Committee, NWC, would soon lose their positions. Oyinlola had told the court that his removal was unjust and that the Appeal Court's judgement reinstatement had vindicated him.
He called on the leadership of the party to comply with the judgement by reinstating him immediately.
The atmosphere at the PDP national headquarters yesterday was charged as many workers were celebrating the victory of Oyinlola. Sources told National Mirror that most of the workers were celebrating over the return of the exgovernor who they said showed concern about their welfare and had increased their salaries after several years of neglect by successive leadership.
Tukur, however, could not respond to the judgement and the planned threat reinstatement as he was said to be outside the country.
But the National Legal Adviser, Victor Kwom, told journalists in Abuja that the party was still studying the judgement. Spokesperson to the new PDP, Chief Chukwuemeka Eze, however, said: "We received this historical judgement delivered on Wednesday by the Appeal Court, Abuja, through Justice Joseph Tor with great joy and gratitude.
"We thank some of Tukur's National Working Committee, NWC, members and most of the staff of PDP in the Wadata Plaza who have called to congratulate Prince Oyinlola and want him to be sworn in.
"However, as we have already told them privately, that would not be possible as Prince Oyinlola is presently not in Abuja. Monday, November 11, 2013 is okay as the swearing- in date and we are preparing to storm the PDP National Secretariat to claim what rightfully belongs to us.
"This judgement has once again reinforced our belief in the judiciary as the bastion of our democracy and the last hope of the common man.
"We once again commend and congratulate the judiciary for taking a firm stand for the truth in the face of the plot by some unpatriotic elements to cause confusion in the PDP with a view to destroying this great institution which some of us have laboured for many years to build.
"This is just one of the anomalies we have been complaining of that came about due to lack of internal democracy in our party occasioned by the undemocratic elements that hijacked the structure of our party and we are relying so much on the judiciary to help us in addressing other anomalies that gave rise to our present struggle and restore hope back to our party.
"With this judgement, we hope that very soon our other court cases asking for the dissolution of the Tukur-led NWC would be given the same serious attention to enable us formally take over the reins of our party and restore it to the path of honour, justice and democratic norms which have been bastardized."
Describing Oyinlola as "a cat with nine lives", Eze stressed that his splinter group and the former Osun State governor are "determined to do the great work of rebuilding our great party.
"The sacking of the entire illegal NWC is, however, necessary so as to create room for the replacement of the current membership with patriotic party leaders who would join Prince Oyinlola in rebuilding the party, which has suffered so much in the hands of Tukur and his co-travellers."
They said that Prof. Wale Oladipo, who is currently occupying the seat, had by the judgement "achieved an unenviable record as the shortest reigning PDP national secretary since the formation of the party. "He should find something better to do and leave politics to politicians and return to the academic world to do what he knows best."
The new PDP added that Kwom had no business studying a judgement which was very clear to a layman and set in motion the machinery for the immediate swearing- in of Prince Oyinlola.
"The national legal adviser who saw to Prof. Wale Oladipo swearing-in within 24 hours after his own court victory should apply the same treatment to the authentic national secretary of PDP and stop portraying our party as a lawless party by attempting to delay his swearingin in obedience to a court ruling aimed at repositioning our party," Eze said.
In a text message to National Mirror, Oyinlola said: ''I give glory to God that my stand that I was unjustly removed has been vindicated by the Appeal Court. The position of the law and the Constitution of the PDP on this matter is very clear.
"I don't want to preempt anybody but you would remember that the PDP immediately complied with the judgement of Hon. Justice Kafarati which removed me from office, claiming to be a law abiding organisation.
"I don't know if there will be a variance of stand now that the appellate court has ruled in favour of Oyinlola that the Kafarati judgement was unfair and must not be allowed to stand. Let's leave other issues for consideration as events unfold."
The Chairman of the PDP Stakeholders Forum, Chief Ugochinyere Ikenga, said: "You know the judgement that reinstated Oyinlola has a grave implication on the issue of control of the soul of PDP as the provisions of Section 36 of the PDP constitution gives administrative control of the party to the secretary. "Section 36 says the secretary is the chief administrative officer and accounting officer of the party, issues all notices for NWC, NEC, caucus and national convention meetings.
He is also in charge of all correspondence and staff issues and he is the custodian of the common seal of PDP and many other powers. "So without Oyinlola, no NWC or NEC, neither will administrative work legally proceed unless they get stay of execution."
Meanwhile, the Ogun State chapter of the party yesterday approached the Supreme Court with a request to nullify the verdict. The party argued that the Court of Appeal failed in its judgement to realise that it lacked the jurisdiction to invalidate/nullify the order made by Justice Abdul Kafarati in suit no. FHC/L/CS/282/2012 "when there was no appeal against that order before it." The appellant argued that in reaching its decision, the court went on a voyage of discovery because there was no appeal or valid complaint against that order before it in the appeal.
The party is consequently inviting the Supreme Court to sustain Oyinlola's sack and stay execution of the Court of Appeal judgement pending the determination of the appeal before it. In the notice of appeal filed yesterday, the party raised four grounds of appeal.
It argued that the appellate court erred in law when it overturned and set aside the January 11 judgement of the Federal High Court, Abuja. In the appeal filed on behalf of the party by Adebayo Dayo and Semiu Sodipo (state Chairman and Secretary), the appellant argued that the Court of Appeal argued that Kafarati's order was made within the disciplinary jurisdiction of the court to restore its ability to deal with the substantive issues raised in the case.
It stated that the order was also meant as a punishment for breach of its interlocutory order by respondents in the case, and in that context was a final order in respect of which Oyinlola could have appealed as an interested party (even though not a party to the action) since the order tangentially affected his interests as a nominee of the invalid South-West congress that was nullified by that order.