By Adeleye Kunle
A Federal High Court in Abuja has been asked to dissolve the People’s Democratic Party’s National Working Committee (NWC) led by Senator Iyiocha Ayu (PDP).
The plaintiff, one Chukwuma Chinye, filed the request on the grounds that the PDP’s national convention in October last year, which elected Ayu as Chairman, was invalid, and that the process also violated PDP laws.
Plaintiff claims in the suit, filed on September 2, that the PDP convention that produced the current leadership of the party was invalid, null and void, and of no effect because it was not conducted under the former Chairman, Prince Uche Secondus, who by law was the authentic Chairman of the party.
Mr. P. T. Akan, the plaintiff’s lawyer, claims that after the National Judicial Council (NJC) condemned an interim order of two different High Courts that restrained Secondus from performing his function as Chairman of the PDP’s National Working Committee (NWC), National Executive Committee (NEC), all activities of the NWC and NEC carried out outside Secondus are unlawful and of no effect.
Among the issues to be decided are whether “having regard to the fact that the interim orders of injunction made by the High Courts of Rivers and Cross River States in Suit Nos. PHC/2183 CS/2021 and HC/240/2021 dated 23″ and 27” of August, 2021 respectively, by operation of the law were invalid, null and void as their lifespan had elapsed by effluxion of time, and having regard also to the National Judicial Council (
“Whether, having regard to the fact that the orders mentioned in one (1) above were rendered invalid by operation of law, it was proper and appropriate for the 1st Defendant to rely on them to exclude, prevent, and remove Prince Uche Secondus, the National Chairman at the time, from performing the Constitutional toles and duties vested in him by Articles 33(1)(a) and 35(1)(b) of the 1st Defendant’s Constitution, which authorised and empowered him exclusivel
“Whether the purported removal of Prince Uche Secondus, the National Chairman of the First Defendant, from office based on Interim Orders of the High Courts that were invalid, null and void, and ineffective in the eyes of the law, his removal and replacement is not unconstitutional, inequitable, and unjust.”
Plaintiff also asked the court to rule on whether the PDP did not violate its own law by holding the convention without due regard for the PDP’s law, which grants women 35 percent of elective offices.
Plaintiff argued that if the questions raised were answered in his favor, the court should declare that “the National Convention that took place on October 30 and 31, 2021 is invalid, null and void for reasons of non-compliance with Article 6(7) of the PDP Constitution, which states that 35% of the Offices shall be reserved for Women.”
“A Perpetua Order!” Injunction prohibiting the 2nd – 20th Defendants from further performing the functions of the National Chairman and Members of the National Working Committee (NWC) of the PDP, as well as from parading themselves as National Chairman and Members of the National Working Committee of the PDP or doing or causing to be done any acts in those capacities, as well as from exercising any of the powers, performing any of the functions, or enjoying any of the privileges of these offices.
“An Order directing the PDP to hold an emergency National Convention in accordance with the provisions of its Constitution within ninety (90) days of the date of this Honorable Count’s judgment to elect the National Chairman and Members of the National Working Committee.”
“An Order prohibiting the National Electoral Commission (INEC) from further recognizing the 2nd – 20th Defendants until a new National Convention is held and National Working Committee (NWC) Officers are elected.”
While the PDP is the first defendant, Ayu and other members of the NWC are ranked second to twentieth, and INEC is ranked twenty-first.
The suit’s hearing date has not been set.
