The immediate past national chairman of the Peoples Democratic Party PDP, Bamanga Tukur Tuesday said he sacrificed his position so that the seven governors who defected to the opposition All Progressives Congress (APC) could return to the ruling party.
Mr. Turku, in a counter affidavit he filed to a suit instituted by an aspirant to the House of Representatives in Adamawa state, Aliyu Abuba Gurin seeking to unseat the present national chairman of the party, Adamu Mu’azu, said he was forced to resign.
Mr. Gurin is also seeking to stop the party’s planned delegates’ convention.
The joint defendants in the suit are the PDP, Tukur, Mu’azu and the Independent National Electoral Commission (INEC).
In the motion on notice, the plaintiff is asking the court to stop the planned national convention of the PDP scheduled for 10th and 11th of December, 2014.
The plaintiff is also contending that the resignation of the immediate past Chairman of the party, Bamanga 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 National Executive Committee by Bamanga Tukur.
Tukur while responding submitted that 10 months after he stepped aside as the chairman of the party, the defected governors are yet to return.
Furthermore, he stated that in the situation which he could not finish his four year tenure as the chairman of the party, he
is to hand over to the deputy national chairman as acting chairman, in line with constitution of the party pending the holding off a national convention to elect new national chairman.
He contended 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 as national chairman and appointment of Mu’azu as chairman are nullity.
He 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.
According to the former chairman, 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).
He insisted 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 said further that Mu’azu lacks power to preside over the planned convention as such will nullify the proceedings of the convention if allowed to do so.
However, he 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.
Responding, PDP through its legal adviser, Kwon Victor asked the court to dismiss the suit on ground that the plaintiff lacks the right to institute such suit.
Kwon also stated that the plaintiff has not pursued or exhaust the domestic or internal remedies available within the constitution of the party prior to the institution of the suit.
