Home Uncategorized Gulak Sues PDP, Secondus over Acting National Chairman’s Continued Stay in Office

Gulak Sues PDP, Secondus over Acting National Chairman’s Continued Stay in Office

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Former Special Adviser to former President, Dr. Goodluck Jonathan, Alhaji Ahmed Gulak, has dragged the Peoples Democratic Party (PDP) and its acting National Chairman, Mr. Uche Secondus, before an Abuja High Court, over his (Secondus) continued stay in office, saying it was “a gross violation of the party’s constitution.”
Gulak in the suit filed on his behalf by his lawyer, J. S. Okutapa (SAN), said as a registered member of the party from Madagali Local Government Area of Adamawa State, North-east geo-political zone, he was qualified for the position which he alleged he was being denied.
The plaintiff stated that Secondus who was elected the Deputy National Chairman of the party from Rivers State and who upon the voluntary resignation of the former National Chairman of the party, Alhaji Adamu Mu’azu, on May 29, 2015, assumed the position of acting national chairman of the party, has continued to run the affairs of the party in gross violation of its constitution.

He averred that by Article 35 of the PDP constitution, it was the duty of Secondus to ensure that the provisions of the party’s constitution is respected by summoning and presiding over the meeting of the National Executive Committee (NEC) which then shall appoint a person from the zone where the former national chairman hails from to become the substantive national chairman.

Gulak contended that by the zoning arrangement of the party, since Mu’azu did not complete his tenure, the next national chairman ought to have come from the North-east zone.

He argued that following the resignation of Mu’azu, he, as a member of the party from the same zone, indicated his intentions to be considered for appointment to fill the vacancy and wrote to all the state chapters of the party that make up the North-east zone-Adamawa, Bauchi, Borno, Gombe, Taraba and Yobe States-notifying them of his intentions.

The former presidential adviser stated that he made several representations to the party and Secondus, expressing his desires and intentions to be considered for appointment to fill the vacant position of the national chairman was ignored.

He averred that by Article 47(6) of the constitution of the party, where a vacancy occurs in any of the offices of the party, the executive committee at the appropriate level shall appoint another person from the area or zone where the officer originates from pending the conduct of election to fill the vacancy.

Gulak said Secondus who assumed the position of acting national chairman of the party and in that capacity, has been running the office of the national chairman even though he is from the South-south geo-political, different from the North-east zone to which the office of national chairman was zoned to and from which the immediate past national chairman resigned.

He contended that the failure of the party’s NEC to appoint him or other members of the party from the North-east zone to fill the vacancy created by Mu’azu’s resignation and the continued performance of the duties of the national chairman by Secondu when he is not from the zone where the national chairman position was zoned to is not only a breach of the party’s constitution, but a breach of the provisions of the Constitution of the Federal Republic of Nigeria 1999 as amended.

The former aide therefore wants the court to determine whether upon a calm view and construction of Articles 35(1) and 47 (6) of the constitution of the 1st defendant read together with Section 223 of the 1999 Constitution as amended, the continued stay as the party head when he is not from the North-east zone is a breach of Article 47(6) of the party’s constitution and the said Section 223 of the 1999 Constitution and therefore unconstitutional, unlawful and self-serving.

“In view of article 47(6) of the constitution of the party, can the defendants hide under Article 45(2) of the constitution of the party to enable Secondu who is not from the same zone where the immediate past national chairman of the party originates to continue to lawfully act in the office of the national chairman of the party until elections are held to fill the vacancy?” he asked.

The former presidential adviser is consequently seeking the following reliefs from the court  “A declaration that by articles 35(1) and 47 (6) of the constitution of the party read together with S.223 of the 1999 Constitution as amended, the continued functioning of Secondus as acting national chairman of the party, when he is not from the North east zone is a breach of article 47(6) of the constitution of the party and S.223 of the 1999 constitution and therefore same is unconstitutional, unlawful, self-serving, null and void.

“A declaration that by article 47(6) of the constitution of the party, the defendants cannot hide under article 45(2) of the constitution party to enable Secondus who is not from the same area or zone where the immediate past national chairman originates from to continue to lawfully act in the office of the national chairman of the party until elections are held to fill the vacancy.

“A declaration that the continued functioning of Secondus as the acting national chairman of the party without giving effect to or summoning the NEC of the party to give effect to article 47(6) of the constitution of the party is unlawful, illegal and a violation of Article 47(6) of the constitution of the party and S.223 of the 1999 Constitution.

“An order directing the defendants to within seven days from the date of judgment and pursuant to article 47(6) of the constitution of the party, appoint the plaintiff or any member of the party from the North-east zone where the former national chairman of the party originates to act in the office of the national chairman of the party pending when elections are held to fill the vacancy created by the resignation of the former national chairman.”

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