The lawmaker representing Ogun
East Senatorial District at the National Assembly, Senator Buruji Kashamu has
written the Independent National Electoral Commission over the Ogun State
Executive of the Peoples Democratic Party, PDP.
Kashamu wrote the commission
against the backdrop of a recent verdict of the Federal High Court, Lagos,
which directed INEC and the PDP to obey an earlier judgment of the court that
declared the Adebayo Dayo-led state executive as the authentic leadership of
the party in the state.
In the letter dated March 26,
2018, Kashamu wondered why the commission was adamant in keeping to its
tradition of obeying court orders and judgments until a superior court says
otherwise.
The letter, which was addressed
to the INEC chairman, Prof. Mahmud Yakubu, was received on Monday.
The letter partly read, “The
commission’s position with regards to the Ogun State PDP exco negates its
well-known and established tradition of giving effect to court judgments until
a superior court says otherwise.
“INEC had in similar situations
as this case taken the path of honour and rectitude as shown in the cases of
Chief Ejike Oguebego Vs Prince Kenneth Emeakayi over the Anambra State PDP
exco; Samsom Ogah Vs. Governor Okezie Ikpeazu of Abia State and Barrister Jimoh
Ibrahim Vs. Eyitayo Jegede, just to mention a few. So, what has changed? Why is
the case of Ogun State PDP exco different?
“You would recall that I had
written three different letters dated 29th January, 2018, 5th and 12th
February, 2018 respectively to you, in respect of the Ogun State Peoples
Democratic Party’s executive. However, it is surprising that up till date the
commission has not replied any of the letters.
“The silence, notwithstanding, I
am again constrained to write to you, particularly to draw your attention to
yet another judgment of the Federal High Court, Lagos, which has not been
stayed or upturned on appeal.
“Specifically, on the 9th of
February, 2018, the Federal High Court, Lagos gave a judgment in Suit
No.FHC/L/CS/1556/2017 wherein it expressly directed the INEC and the PDP to
obey the orders of the court in Suit No.FHC/L/CS/636/2016.”
“As you would find in the
judgment, the court held that the resolution of a political party in respect of
a state exco cannot vitiate the subsisting judgment of a court. It also ruled
that the judgment of the Supreme Court in the Ali Modu Sheriff/ Makarfi case
has nothing to do with the issue of the Ogun State exco.
“So, the ill-advised decision of
the commission to recognise some dissidents instead of the authentic and
legally-recognised Ogun State PDP exco has no basis in law and it is
antithetical to internal democracy and justice.”
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