Ahead of the National Executive Meeting of the Peoples Democratic Party, PDP, where the fate of the embattled chairman of the party, Alhaji Bamanga Tukur, may be decided, one of the lawyers to the party, Mr. Ajibola Oluyede has written to President Goodluck Jonathan reminding him the position of the court on the purported plan to remove Tukur.
Members of the National Working Committee, NWC, of the party had last weekend passed a vote of no confidence on Tukur, warning that PDP would lose in 2015 if it allowed the embattled chairman to lead it to the election.
However, Oluyede in his letter to Jonathan dated January 13, 2014, stated that Tukur cannot be removed based on a subsisting valid court order of a Federal High Court, Abuja, that was issued on April 25, 2013.
Oluyede in the letter to the President as the leader of PDP said he filed a suit on behalf of the PDP against the Independent National Electoral Commission, INEC, where Justice Adamu Bello had ordered parties to maintain status quo by not taking actions that would lead to the removal of the then national officers.
The party had gone to the court for a declaration that the tenure of the National Officers elected at the 2012 National Convention could not be truncated.
This was after the INEC alleged irregularity in the election saying that the nominations of the officers who were returned unopposed at the 2012 convention were invalid because they were affirmed by voice votes instead of “open secret ballot.”
According to Oluyede, he wrote the letter to Jonathan because he was the constitutional leader of the PDP and would therefore attended the BoT meeting where the plan to remove Tukur was hatched.
The letter read in part, “My attention has been drawn to reported proceedings of the BoT of the PDP, which culminated in the decision to remove Dr. Bamanga Tukur from the position of Chairman of the party.
“This removal is to be achieved either by pressurising him to resign or by some vote of lack of confidence to be procured against him at a planned NWC meeting of the PDP.
“This letter is addressed to you because you are the constitutional leader of the PDP and it was reported that you were in attendance at the BoT meeting.
“That order is still subsisting, valid and binding on the PDP and INEC till date and especially as at the time the BoT meeting decided to procure the removal of Dr. Bamanga Tukur.
“The position of Nigerian law is that anyone, though not directly bound by an order of court, who aids or abets the negation of such an order is liable for criminal contempt and all contemptuous actions taken by contemnors are null and void and liable to be set aside by the court.
“In the circumstance, we find that the deliberation by the BoT on a plan to remove the National Chairman of the PDP and the decisions and resolutions reached at that meeting are null and void and anything built on it will be equally null and void.
“More importantly, we must point out that INEC, which is a party to the proceedings in which the order was made, cannot recognize any new appointment or installation of a replacement for Tukur arising from the decision taken at the said BoT meeting or that of any other organ of the party during the subsistence of the order for status quo.
“This would mean that any nomination forms submitted or signed by such a replacement would be equally null and void. The ramifications of this chain of illegalities are easy to imagine.
“We have written, inter alia, to draw your attention to the taint this illegal process could be on an otherwise legitimate nomination process for the candidates of the PDP at the forthcoming general elections.
“This can be avoided now by mere attention to detail and compliance with due process.
“Due process in the circumstances dictates that any legitimate demand for the termination of Dr. Tukur’s tenure as National Chairman of the PDP be subjected to the procedure and processes prescribed by the constitution of the party for removal, only after the court has determined the pending action or otherwise vacated the subsisting order aforementioned,” he stated.
#EndSARS: Ekiti state government declares 24-hour curfew
Following the various attacks on #EndSARS protesters in the state, Governor Kayode Fayemi has imposed a 24-hour curfew on the state effective from 10pm on today, Tuesday, October 20.
In a statement released by the Secretary to the State Government, Biodun Oyebanji, the state government said the curfew became necessary following the state government’s observation of how the end SARS protest, which started as a peaceful protest against police brutality by youths in Ekiti State, has been hijacked by some hoodlums.
Read the statement below
1. The Government of Ekiti State has observed with growing concern how the ENDSARS protest, which started as a peaceful protest against police brutality by youths in Ekiti State, has been hijacked by some hoodlums.
2. The hoodlums have capitalised on the ENDSARS protest to rape, assault, rob and extort innocent citizens across the State. These are in addition to the wanton destruction of properties, particularly private properties.
3. Government is concerned that if this state of affairs is allowed to continue unabated, it will lead to a breakdown of law and order thereby threatening the wellbeing of the people of Ekiti State.
4. For the purpose of clarity Government continues to show understanding and responsiveness to the demands of the legitimate protesters.
5. On 16th October 2020, Dr. John Kayode Fayemi, Governor, Ekiti State met with the protesters in person. While identifying with the legitimacy of their protests, he assured them that the State Government will immediately put measures in place to respond to all their demands.
6. Government has since then constituted a Human Rights Investigation Panel to review all cases of abuse by Officers of the disbanded SARS. In addition, Government has enabled a Victims Compensation Fund to facilitate speedy remedial measures for victims of such abuse.
7. Furthermore, several officials of Government have engaged the protesters at multiple fora and platforms including the social media in order to ensure that concerns of protesters are properly identified and responded to in a prompt and efficient manner with necessary feedback.
8. Government had also at various times drawn the attention of the protesters to the troubling hijack of the protests by individuals whose only interest is to inflict violence on the people of the state.
9. In the past 48 hours there have been incidents of gang-rape, robberies, physical assaults on innocent people, looting and burning of a police station. These acts of brigandage are not in consonance with the legitimate aspirations of the protesters. It cannot be logical to seek to remedy impunity with impunity.
10. Government therefore cannot afford to watch a deliberate enthronement of anarchy by some bad elements who have hijacked the protest for some clandestine reasons.
11. Consequently, the Governor of Ekiti State, Dr Kayode Fayemi, hereby imposes a 24-hour curfew on all parts of the State starting from 10.00 pm tonight, Tuesday, October, 20, 2020.
12. Only essential workers and service providers with valid means of identifications are allowed to move around during the period of the curfew.
13. Any person found on the street that does not belong to this category, would be promptly arrested and prosecuted according to the laws of Ekiti State.
14. We seek the understanding of the good people of Ekiti State as we continue to take deliberate steps towards ensuring that peace and normalcy return to our state.”
Davido speaks on the events of the past 48 hours
Nigerian superstar, Davido has said criminals are responsible for the attack on two Correctional Centres in Benin City, Edo State.
Davido made the claim while absolving End SARS protesters of involvement in the attacks.
The singer pointed out that no amount of mischief would stop the protest against police brutality and bad governance.
Davido made the remark while condemning the attack on two Correctional Centres in Benin City, Edo State.
The hoodlums had attacked the facilities and freed some inmates.
Reacting, the singer in a series of tweets wrote: “After seeing all that’s gone on today I just want to say that from the beginning we have preached that the protest must remain peaceful and Law Abiding and as far as I know we have kept to that! And we will continue to keep to that so the narrative can NOT be switched up on us!
“The people they claim broke into prisons to free convicted criminals, burn police stations to steal weapons, damage police, government, and private vehicles are Criminals and everybody must condemn these acts. They are not part of our movement !
“#EndSars is a peaceful and law abiding protest that is going somewhere great! And no mischief can scatter it!”
Address Nigerians over #EndSARS protests – Senate urges Buhari
The Nigerian Senate has called on President Buhari to urgently address the nation so as to douse the tension in the country.
This comes as hoodlums continue to carry out various attacks on #EndSARS protesters and others in some parts of the country.
The Senators made the call for President Buhari to speak to the Nation after a motion was moved by Senator Biodun Olujimi and co-sponsored by all Senators on the ongoing nationwide protests believed to have been hijacked by hoodlums.
Part of the resolution of the Senators after deliberation include:
-Urge all tiers of government to put in place and sustain policies of social economic reforms that raise the standard of lives of our people;
-Call upon the Police to operate strictly in accordance with the rules of engagement appropriate in a democratic environment;
-Urge the Inspector General of Police to ensure a holistic comprehensive reforms of the police to increase the overall welfare including training and medical insurance of all members of the Nigeria Police Force
-Appeal to all Nigerians to resort to use of legal institutions to resolve disputes and conflicts;
-Urge the Nigerian youths and the Nigerian citizens to approach the National Assembly Committees Constitution and Reforms in order to secure far-reaching holistic amendments that are vital to the restructuring of our federation
-Urge the Federal Government to faithfully and comprehensively implement all the five demands of the #EndSARS movement and protesters with necessary timelines to rekindle confidence in government
-Appeal to #EndSARS movement and protesters to kindly in the interest of everyone stop their actions and embrace genuine dialogue; 7. Urge Mr. President to address the nation as soon as possible on these issues.
-Police should make it a duty to accompany protesters and should be involved in protecting genuine protesters.
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