Prince Olagunsoye Oyinlola: Triumph of embattled PDP scribe

[Mirror]

On November 6, 2013, the former Governor of Osun State, Prince Olagunsoye Oyinlola was reinstated as the Peoples Democratic Party, PDP National Secretary. The November 6, 2013 decision of the appellate court was consequent upon Oyinlola's appeal against the earlier decision of an Abuja Federal High Court of January 11, 2013 which sacked him from the post.

The appellate court in a unanimous decision handed down by Justice T.J. Tur on behalf of a panel of three judges, dismissed the ruling of Justice Abdul Kafarati which ordered the ouster of Oyinlola as the ruling party's scribe. According to the appellate court, Oyinlola was denied fair hearing by the lower court, so its decision could not stand.

The court further observed that there were three separate cases, all asking the lower court for same reliefs and which were made against Oyinlola, amounting to an abuse of court process.

It would be recalled that the appellate court had invoked its powers under Section 16 of the Court of Appeal Act and heard the appeal as though it were the trial court.

Oyinlola, following his ouster as the PDP Secretary, teamed up with Abubakar Atiku, Baraje and seven PDP governors to pull out of the PDP mini-convention in August, to form the new PDP, a faction which has instituted several court cases against the Bamanga Tukur-led PDP.

Oyinlola, on Tuesday, November 12, 2013, thus initiated moves to regain his position when he wrote the national leadership of the party and the Independent National Electoral Commission, INEC, informing them of the judgement of the Court of Appeal that restored him to the position.

Oyinlola also asked the PDP and the INEC to reflect the decision of the court in their records. In the letter to the party, dated November 12, Oyinlola reminded it that he was removed by the Federal High Court earlier in January but a judgment of the Court of Appeal reinstated him last week.

He said, "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.

"Kindly note that in compliance with the constitution of the PDP, I am expected to sign all official correspondence emanating from the PDP national secretariat as the Chief Administrative and Accounting Officer of the PDP.

"Please take this as an instruction to do all the needful for compliance with the Appeal Court Order which is attached herewith, please." In the letter to INEC, the embattled National Secretary, recalled that when he was removed by the Federal High Court last January, the Commission promptly obeyed and removed his name off its register and other documents.

He stated that in the light of the Appeal Court's judgement, the Commission's record should reflect that he was validly elected as the PDP national secretary.

"You are requested to kindly note this development and reflect it accordingly in your records, in compliance with the court judgement delivered November 06, 2013," he said. But the leadership of the ruling party, the same day wrote INEC informing it of the suspension of Mr. Oyinlola and three others from the party for anti-party activities.

The three others are Kawu Baraje, a former acting National Chairman of the party; Sam Jaja, a former deputy national chairman; and Ibrahim Kazaure, a former ambassador. In the statement by its spokesperson, Olisa Metuh, the party said the letter which was signed by its National Chairman, Bamanga Tukur, told the Commission that the suspension of the four persons, was in exercise of its powers under section 57 of the 2012 amended constitution.

The statement said, "The leadership of the Peoples Democratic Party (PDP) has written to the Independent National Electoral Commission (INEC) notifying it of the suspension of Abubakar Kawu Baraje, Sam Sam Jaja, Olagunsoye Oyinlola and Ibrahim Kazaure from the Party.

"The National Working Committee, in a letter dated November 12, 2013 and signed by the National Chairman, Alhaji Dr. Bamanga Tukur, informed INEC of the suspension of the above mentioned individuals on Monday, November 11, 2013 for engaging in anti-party activities in violation of the provisions of the PDP Constitution.

"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."

The four persons are officials of the ruling party's faction tagged "New PDP," which was formed on August 31. But Oyinlola on Wednesday, November 13, 2013 said he remained the National Secretary of the PDP. Dismissing reports of his suspension from the party, Oyinlola told journalists in Abuja that the PDP might collapse "if the crisis rocking it was not properly addressed.

"I want to pray and believe that reason will prevail and will bring the crisis to an end. If not, that may mean the end of PDP as a ruling party,'' he said. He also said that he would institute a legal action against the party if anything was done in the name of its secretary without his signature.

"I remain the national secretary and I must be allowed to perform my duty because anything done in the name of secretary without my signature is absolutely illegal.

"It will face the legal test at the court and we don't need to put our party into such ridicule and problems,'' he said. Oyinlola stressed the need for the party leadership to abide by its Constitution, adding that ruling with impunity was not the way to run a party.

He argued that he, Abubakar Baraje, Sam Jaja and Ibrahim Kazaure, who were recently suspended from the party could not be said to be the pillar of `New PDP.' This, he maintained, could not be correct when seven serving Governors were in the splinter group and were not accused of anti-party activities.

"I want to believe that they only added these other people; the target was Oyinlola, to circumvent the judgment of the Court of Appeal.

"They just added others so that it will not be too naked'', he said. Oyinlola questioned the legitimacy of the Umaru Dikko- led Disciplinary Committee of the party recently set up by Alhaji Bamanga Tukur, the party`s National Chairman.

According to him, the committee has not been approved by the party`s National Executive Committee (NEC) as stipulated in its constitution and hence cannot be authentic. He further stated that the procedure for disciplining erring party members was clearly spelt out in its constitution and should be adhered to.

"Specifically, Section 57 (4) states that where an allegation is made against a member of the party, the disciplinary committee shall inform the member in writing of the allegations made against him or her.

"Nobody has till date informed me of any wrong doing against my party'', Oyinlola said. He added that Section 57 (7) of the PDP Constitution stated that only the NEC could entertain questions of discipline as may relate or concern a member of the NEC Oyinlola, born February 3, 1951 became governor of Osun State in May 2003, and was reelected in 2007.

On November 26, 2010, the Court of Appeal, sitting in Ibadan, Oyo State, nullified his election.

[Folami David]

Everyone seems to be disagreeing nowadays that's why there are so many court cases. The winners of the court cases often deserve it