SAN FRANCISCO, September 05, (THEWILL) – The South West chapter of the Peoples Democratic Party (PDP) on Thursday asked a Federal High Court sitting in Abuja to compel the Independent National Electoral Commission (INEC) to de-register the newly- registered Peoples Democratic Movement (PDM).
The chairmen of the party, namely Captain Tunji Shelle (Lagos); Chief Adebayo Dayo (Ogun); Mr. Ebenezer Alabi (Ondo); Alhaji Ganiyu Olaoluwa (Osun); and Mr Yinka Taiwo (Oyo), instituted the suit on behalf of themselves and the National Executive Committee of the party led by Alhaji Bamanga Tukur .
Joined in the suit number FHC/ABJ/ CS/607/13 filed by their counsel, Prince Ajibola Oluyede, as defendants are INEC, PDM, its chairman, Alhaji Kawu Baraje and PDM National Secretary ,Prince Olagunsoye Oyinlola.
The plaintiffs are asking the court to determine whether the 1st defendant, INEC can validly register the 2nd defendant, PDM, as a political party when the purpose for which the registration was sought and obtained was to destabilise the PDP.
According to the plaintiffs, the purpose for which the promoters of PDM sought the party’s registration was not in line with Chapter 2 of the 1999 Constitution as well as Section 224 of same constitution.
They also asked the court to also determine if the 3rd and 4th defendants’ action in declaring themselves officers of the PDM did not amount to dismemberment of the PDP to populate the the 2nd defendant, PDM, among others.
They asked that should the answers to the posers be resolved in the plaintiffs’ favour, the court should grant an order directing the INEC, the 1st defendant, to withdraw the registration of PDM as a political party.
They also want a declaration that by the combined effect of paragraph 15 of the 3rd schedule to the Constitution of the Federal Republic of Nigeria 1999 as amended; Section 86 of the Electoral Act 2010 (as amended) and Article 16 (1) of the constitution of the PDP, the 1st Defendant cannot accord any recognition to the 3rd to 5th defendants as leaders and or national officers of the PDP.
They are also asking for an order of perpetual injunction restraining the 3rd to 5th defendants from continuing to parade themselves as leaders and or national officers of the PDP.
According to the plaintiffs counsel, Oluyede, “Our client has instructed us to take action against the PDM.
The disposition of the PDM members, who transformed themselves from a group within the PDP, works against the unity of Nigeria and it is against the clear provision of Section 224 of the 1999 Constitution.
” As you know, Section 224 states that political parties should conform to Chapter 2 of the 1999 constitution.
What has happened is that the unifying factor in the PDP is being broken down and a new tribalistic approach is now in place.
“It is on this basis that we filed an action at the Federal High Court in Abuja to order de-registration of the PDM as a political party. It is a distraction to good governance and that is the reason why this action has been taken. The provision of the constitution forbids you from forming a tribal party.
“As you know, there was no notice given for the application. No one was aware until it was announced by INEC. You saw the brit-bat by the action. The PDM was formed for the purpose of causing disunity and discord within the PDP and for that reason, INEC should not have registered it. It has an ethnic agenda and for that reason, it is in contravention of Chapter 2 of the 1999 constitution.”
