The attention of the Office of the National Caretaker Committee of the Peoples Democratic Party has been drawn to misinformation going round in the print, electronic and internet media to the effect that Hon. I. N. Buba of the Federal High Court, Lagos made an order dissolving the
Caretaker Committee under the leadership of His Excellency, Senator Armed Markarfi.
This is not true. It is reckless misrepresentation of facts, and
distortion of information by certain aggrieved members of our Party, to mislead the members of the public.
To put the facts straight, and in rebuttal of the unfortunate
misinformation of the general public, we wish to make the following clarifications:
1) Justice I. N. Buba did not make an order dissolving the Caretaker Committee. An order of Court could only be made if the court is presented with either a Motion Ex-Parte or Motion on Notice which the Court hears and makes appropriate order(s) as deemed necessary. No
court makes an order not sought.
2) The Plaintiffs in SUIT NO. FHC/L/CS/613/2016 had on Monday May 23,
2016 filed a Motion on Notice for the purpose of setting aside the
National Convention of the Party held on Saturday May 21, 2016. The
Motion on Notice is yet to be served on the Defendant (the PDP being
the 2nd Defendant in the suit) as at today Wednesday 25 May, 2016.
3) The suit comes up Friday May 27, 2016 for the hearing of all
pending applications, including Motions for Stay of
Proceeding/Execution of the Order of May 12, 2016 pending the Appeal
already filed against the suit; Motion to Set-Aside and/or Vacate the
order of May 12, 2016; Motion for joinder of certain persons; Motion
on Notice by way of Notice of Preliminary Objection on ground of
jurisdiction, among others.
4) At the proceedings of Tuesday May 24, 2016 Counsel to the
Plaintiff, R. A. Oluyede drew the attention of the court to the fact
that the order of Court dated May 12, 2016 had not been complained
with. And that the 2nd Defendant has gone ahead to conduct election
into the offices of:
i. National Chairman
ii. National Secretary
iii. National Auditor
5) As a matter of fact, the PDP is aware of the Order of Hon. Justice
Buba of the Federal High Court sitting in Lagos dated 12th May, 2016
given in Suit No. FHC/L/CS/613/2016, to the effect that the PDP should
not conduct election in the offices of :-
i) National Chairman
ii) National Secretary
iii) National Auditor
6) In strict compliance and obedience to the above order, the National
Convention of the PDP did not conduct election into the above offices
or any offices at all.
7) The National Convention of the PDP, in the exercise of its powers
under section 12.88 of the PDP Constitution, dissolved the National
Working Committee and appointed some of its members as Caretakers
Committee for the next ninety (90) days, to enable it pursue true
reconciliation of its disputant members towards peaceful, amicable and
political settlement of the disputes leading to the cases in court.
8) No orders of injunction or any order whatsoever is granted or
exists against appointing Caretaker Committee for the PDP.
9) The PDP is aware of the ruling of the Federal High Court sitting in
Port-Harcourt (as advertised) in Suit No. FHC/PH/CS/524/2016, which
orders are extensive, far-reaching and self-explanatory.
10) We have widely published the Orders of the Federal High Court
sitting in Port-Harcourt, Rivers State, Nigeria per A. M. Liman dated
23rd May, 2016, which order is earlier in time to the bench ruling of
Hon. Justice I. N. Buba. The orders were published on Wednesday 25,
May 2016 in the following national newspapers:
i. Daily Sun pages 38-39
ii. Punch pages 26-27
iii. Thisday Newspaper pages 60-61
iv. The Nation pages 10-11.
11) The bench ruling of Justice I. N. Buba as well as records of
proceedings will be widely published in due course. We have applied
for it through our Counsel.
12) Certain members of the PDP who were affected by the resolution of
the National Convention, being the Supreme Organ of the PDP, have
resorted to desperation and manipulation of judicial proceedings.
13) At the proceedings of May 24, 2016 Mr. Oluyede informed the court
that the order of 12 May, 2016 is being violated. Typical of a court
of justice to preserve the integrity of the Judiciary and the sanctity
of the order of Court, Justice Buba directed the Inspector General of
Police to ensure compliance with the court Order of May 12, 2016.
14) As a Party, we shall fully cooperate with the IGP and the Nigeria
Police in ensuring maximum compliance with the Court order dated May
12, 2016 to the effect that no election should be conducted into the
above offices, namely National Chairman, National Secretary, and
National Auditor pending the resolution of the cases in Court.
15) As a matter of fact, it is for this reason that the Supreme Organ
of the Party, the National Convention resolved not to conduct election
into all the offices of the Party.
16) As at today, the only order that is direct, specific and
subsisting on the National Convention is that of A. M Liman of the
Federal High
Court, sitting in Port Harcourt. The ruling of Justice Buba neither
touched neither concerned the National Convention of the Party. We
acknowledge that a Motion on Notice to this effect is pending before
Buba J. But until that motion is moved and/or granted or struck-out
there is no adverse judicial pronouncement on the proceedings at the
National Convention of the PDP held on Saturday May 21. 2016.
17) Moreover, a Court of coordinate jurisdiction (another Federal High
Court) sitting in Port Harcourt, has given orders deemed appropriate
(in the well considered views/opinion of the Court) in respect of
specific issues bordering on the outcome of the National Convention
held on Saturday May 21, 2016. The said order of Liman J. subsists and
specific on the issue as against that of Buba J. which only granted an
injunction against conducting elections into certain offices as listed
above, and the Party never conducted election into those offices as
directed by the Court.
Conclusion:
No member of the PDP is bigger than the Party. No office, person,
organ, or institution within the PDP is bigger than the National
Convention, which is the Supreme organ of the Party with powers, to
even dissolve the Party itself. Party politics thrives on party
discipline. It is for this reason that we most passionately appeal to
all aggrieved members and leaders of the Party to consider the
ultimate interest of the Party. They should know and realise that
whatever aspiration they have will only materialise with a united,
stronger, just and well-positioned PDP. Nothing should be done by any
member, no matter his or her status in the society, to undermine the
integrity of the process and the Party. PDP is well a well structured,
all-inclusive, bottom-up political party. It has inherent powers to
sanction erring party members in accordance with its constitution.
It is in view of the foregoing that we appeal to all to remain law abiding. Steps are already being taking reconcile every aggrieved members, and to resolve all grievances with the ninety (90) days duration of the Caretaker Committee for the purpose of putting an end to needless litigation over issues that are purely internal affairs of our party. We should save the Nigerian Judiciary the unnecessary burdens of politically- motivated, ridiculously conflicting decisions and rulings. Unless the trends are curtailed, contradictory rulings
are capable of throwing our judiciary “off-balance”. This might also impact negatively on the entire country, including both the ruling party and PDP as opposition Party.
Please let peace reign!!!
Thank you.
Yours sincerely,
Sen. Ahmed Markafi
National Caretaker Chairman, PDP.
