The Caretaker Committee of Peoples Democratic Party(PDP),Ebonyi State Chapter led by Fred Udogu has been sacked by the Federal High Court in Abakaliki, Ebonyi State
Penpushing reports the court, declared the caretaker committee as illegal, and ordered the Independent National Electoral Commission (INEC) not to recognise it, emphasising that the State Executive Committee of the party was illegal and cannot stand
The court judgement followed a suit filed by Nnachi Okoro, the legal adviser of the Onyekachi Nwebonyu-led party executive in the state, which was dissolved in November by the national leadership of the Party, after Governor David Umahi’s defection to the All Progressives Congress.
Penpushing further reports that, Okoro, the plaintiff had argued that his purported removal from office as the legal adviser of the party by virtue of the dissolution of the purported State Executive Committee of the Party without fair hearing was contrary to the party’s constitution and the Constitution of the Federal Republic of Nigeria.
The judge, Justice Aluko Akintayo, ruled that the purported dissolution of the Executive Committee of the party in the State which led to the removal of the plaintiff “was not only absurd, but inconsistent with the provisions of the party’s constitution as well as the constitution of the Federal Republic of Nigeria”.
Penpushing also reports that the judge noted that the party “acted harshly without any evidence of wrongdoing against the plaintiff”, adding that the defection of Governor Umahi to the All Progressives Congress ( APC) “was in exercise of his fundamental human right of freedom of association and cannot be a justifiable ground to remove the plaintiff from office”.
The judge pointed out that Peoples Democratic Party ( PDP) failed to prove its allegations of anti-party activities and attempts to destabilise the party levelled against the Ebonyi State Executive Committee of the party.
“Even if there was truth in the allegations against the Ebonyi State Executive Committee of the party, it was unfair to have dissolved them, including the plaintiff, without giving him fair hearing”,the judge posited
Penpushing reports that the court ruled that in view of section 2 of the Peoples Democratic Party (PDP) constitution, which is subject to the constitution of the Federal Republic of Nigeria, there was no justification for the leadership of the party to have breached its own constitution.
The court declared that the plaintiff, having been duly elected to serve as the legal adviser of the party “had acquired a vested right to occupy the office until his tenure elapsed”.
Penpushing further reports that the court, consequently declared the action of Peoples Democratic Party(PDP) “illegal, null, and void”, and therefore ordered the party not to recognise any other legal adviser in Ebonyi State, until the expiration of the plaintiff’s tenure
Meanwhile, the legal adviser to the Fred Udeogu-led Peoples Democratic Party (PDP) executive, Mudi Erhenede, said the judgement shall be appeal at the appropriate time.
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