The Federal High Court sitting in Abuja has slated February 8 to hear a suit filed by a former governorship candidate of the Peoples Democratic Party (PDP) in Ogun State, Otumba Segun Sowunmi, seeking an order directing the party leadership to hold the meeting of the National Executive Committee (NEC) of the party for the purpose of presenting the activities of the party from the date of the last NEC meeting held on September 8, 2022.
The suit, marked FHC/ABJ/CS/70/2024, has the PDP, its National Chairman, Umar Illiya Damagun, National Secretary, Sen Samuel Anyanwu, National Organising Secretary, Capt. Umar Nature, National Auditor, Okechukwu Daniel, National Treasurer, Hon. Ahmed Mohammed Yayari, Youth Leader, Mohammed Suleiman Kadade (for themselves as officers of and on behalf of the NEC/National Working Committee of the PDP), and the Independent National Electoral Commission (INEC) as 1st to 8th defendants.
When the matter was called on Tuesday, counsel to the plaintiff, Anderson Asemota, told the court that the matter was coming up for the first time and that he had served the 1st and 8th respondents (the PDP and INEC) with the court processes.
He, however, said he has yet to serve the 2nd to 7th respondents because all efforts to serve them proved abortive, adding that “it is based on this that I have filed a motion for substituted service; unfortunately, it is not in the records of the court.
“In view of this, we shall be asking for a short date to enable us to take our motion for substituted service,” Asemota told the court.
The trial judge, Justice Mobolaji Olajuwon, asked the counsel to make another attempt at serving the respondents personally and give a report of service on the next adjourned date of February 8, 2023, for the report of service or for the plaintiff to present his argument on the motion for substituted service.
Sowunmi is praying the court for an order directing the 1st to 7th defendants to call a NEC meeting of the PDP for the purpose of presenting the proposed guidelines and regulations governing the conduct of elections to the party offices at all levels and procedures for selecting party candidates for elective offices to the members of the NEC.
He is also seeking an order of perpetual injunction restraining the 2nd to 8th defendants by themselves or their servants, agents, or privies from functioning or continuing to function or discharge the functions of their offices until they call for or cause to be called and hold a meeting of the PDP’s NEC in total fidelity and obeisance to the party’s constitution.
The plaintiff wants the court to declare that by virtue of the provisions of Article 31(2)(d), 4 and 5 of the PDP constitution (as amended in 2017), he, as spokesman of the party during the last election, is obligated and/or entitled to file the suit to give effect to the aims and objectives of the PDP and to ensure that the provisions of Article 7 of the PDP constitution are observed and respected by members and national officers.
“A declaration that under and by virtue of the provisions of Article 31 (2)(4) and (5) of the PDP constitution and Section 82(1) of the Electoral Act, 2022, the 1st to 7th defendants are obligated to call or cause to be called and held quarterly or at the request of one-third of members of the NEC of the PDP, the meeting of the NEC of the PDP at which the 1st to 7th defendants shall be present quarterly financial reports or income and expenditure of the party to the members of the NEC.
“A declaration that, under and by virtue of the provisions of Article 31 (2)(4) and (5) of the PDP constitution and Section 82(1) of the Electoral Act, 2022, the 1st to 7th defendants are obligated to call for or cause to be called and held quarterly or at the request of one-third of members of the NEC of the PDP, at which the defendants shall present quarterly reports containing the activities of the PDP to the members of the NEC.”.
He also wants the court to declare that the defendants are under obligation to call for a PDP NEC meeting to present proposed guidelines and regulations governing the conduct of elections to the party offices at all levels and procedures for selecting party candidates for elective offices to the NEC members.
“A declaration that having failed, refused, and/or neglected to call for a meeting held quarterly or at the request of one-third of members of the NEC of the PDP, in which the 8th defendant (INEC) ought to have been invited, the 1st to 7th defendants are in breach and/or violation of the constitution of the party and the provisions of the Electoral Act, 2022.”.
In an affidavit in support of the suit, the plaintiff averred that the last NEC meeting of the party was last convened by the sacked National Chairman of the party, Sen. Iyorcha Ayu, on September 8, 2022.
The NEC, he said, is saddled with the responsibility of fixing and approving the date of the party’s national convention, which is the highest decision-making organ of the party, and that all efforts to get the defendants to call for an NEC meeting proved abortive as the “defendants have woefully failed, refused, and/or neglected to respond to my entreaties viva voce and repeated demand for a NEC meeting as well as the letter written by my solicitors in that regard.
“That it is in the interest of justice to grant the claims or reliefs sought by the plaintiff in the originating summons as the defendants will not be prejudiced”, he said