Politics
OSUN PDP LEGAL TUSSLE: SETTING THE RECORDS STRAIGHT
OSUN PDP LEGAL TUSSLE: SETTING THE RECORDS STRAIGHT
Much as I have tried to refrain from making any comments on the legal tussle within Osun PDP initiated by Hon. Olasoji Adagunodo, I have taken the pains to put up this piece so as to clear some of the controversies, mis-interpretations, mis-applications surrounding the issue and to as well purge the public of the media misgivings. Inundated by calls, messages, visitations as a result of the misinformation which greeted the outcome of yesterday’s ruling delivered by my noble lord, Hon. Justice (Dr). A.A. Aderibigbe, I felt compelled (indeed as a Minister in the temple of justice) to write this piece.
BACKGROUND FACTS
Hon. Soji Adagunodo was removed as Osun PDP Chairman in the year 2020 and by a resolution of the SEC of Osun PDP which is the appropriate executive committee in this respect, a replacement was made in HON. SUNDAY BISI and same was ratified by the NWC. Hon. Adagunodo or (His Excellency Adagunodo as now preferred by his loyalists to be addressed), instituted an action in HIK/25/2020 praying the court ultimately that he be re-instated as Osun PDP Chairman. By an ex-parte order made on 3rd November, 2020 by my noble lord, Hon. Justice S.O. Falola sitting at Ikirun, Adagunodo was re-instated as the Chairman while Sunday Bisi was removed from office. The Defendants to the suit challenged the order by filing some applications which included preliminary objection, application for setting aside of the order, an appeal and application for stay/injunction pending appeal. On 9th November, the court at Ikirun converted the interim ex-parte order to a Preservative order. The affected parties went on appeal and by a decision rendered on 5th March, 2021, the Court of Appeal set aside the “whole decision” of Hon. Justice Falola. Let me clear this point, the fact that a higher court sets aside the decision of a lower court does not make the lower court a bad judge, It only means that the higher court saw the issue raised from a different angle. In specific terms, the Court of Appeal set aside the mandatory interim order and deprecated conversion of same to a Preservative order. This invariably meant that the interim order should not operate indefinitely as the Preservative order suggested. Infact, the Court of Appeal expressly removed ADAGUNODO by declaring the order of his re-instatement under whatever guise as null and void. Adagunodo appealed the said judgment to the Supreme Court on 14 grounds, and 8 of those grounds questioned the order of the Court of Appeal setting aside the Preservative order. Briefs of arguments were exchanged by parties in respect of the said appeal at the Supreme Court, but later Adagunodo through his counsel withdrew same. The effect of the withdrawal is that the appeal is deemed dismissed, and the judgement of the Court of Appeal removing Adagunodo still subsists.
HIK/25/2020 proceeded before another noble judge of Osun State High Court and I can confirm to you authoritatively that the matter is still pending because it’s subject of an order for a stay of proceedings pending appeal.
MAIN ISSUE
Now, here and there, while not wanting to belabour issue on the several suits filed by Adagunodo at different courts after the Court of Appeal decision, judgment in HIF/36/2021 before my lord Aderibigbe came, to the consternation of the whole world because no ilk of the proceedings was felt until sometime in December, 2021 when tee Group of Osun PDP aspirants (Senator Adeleke not inclusive) brandished same as the vehicle to bring in Wale Ojo (former Osun East Senatorial Chairman) as the Acting Chairman of Osun PDP. For the sake of clarity, the judgment which was delivered on 22nd November, 2021 granted the 5 reliefs prayed for by Adagunodo. The reliefs are paraphrased thus:
1. A DECLARATION that a decision of a court of competent jurisdiction is valid and subsisting until set aside by that same court or an appellate court.
2. A declaration that the Preservative order made by Hon. Justice Falola in HIK/25/2020 is still validly subsisting.
3. A Declaration that Adagunodo is Osun PDP Chairman based on the order of Preservative order made by Falola J. in HIK/25/2020 pending the final determination of HIK/25/2020
4. A DECLARATION that Adagunodo be recognised as the Chairman of Osun PDP pending the determination of HiK/25/2020
5. An order recognising all the actions taken by Adagunodo as lawful and valid.
Note that HIK/25/2020 upon which HIF/36/2021 was premised has HON. SUNDAY BISI, HON. AKANFE ATIDADE and HON. BOLA AJAO as parties, however, they were missing as parties in HIF/36/2021. Whether they were given fair hearing or not would be determined by the Court of Appeal and whether the decision in HIF/36/2021 can bind them is an issue to be thrashed out at the appeallate court.
On getting notice of the judgment at Ife, PDP filed an application to have the judgment set aside before that same court. By a considered ruling yesterday the 16th February, 2022, the court refused the application. That was what happened and no more! The option of appeal is promptly being explored by the PDP and by the other parties who were supposed to be joined but not joined at all.
Now, how the judgment of the Osun State High Court sitting in Ife is being deliberately and mischievously interpreted to have pronounced/affirmed Wale Ojo as Osun PDP Chairman is still a mirage and the portion where such pronouncement was made is still at large. Moreover, the judgment declared all actions taken by Adagunodo as valid and lawful, then how that has conferred an advantage on Wale Ojo or any particular group is also unfathomable. What has that got to do with the Congresses already conducted, being conducted and/or about to be conducted by the National Leadership of the Party? Is it the State Chairman of the Party or the State Executive Committee of the Party that conducts Congresses? What a miscarriage of political justice and a misdirection of political sanity! What an outlandish claim!
If I may ask further, in what ways has the Ife judgment displaced the State Executive Committee of the Party? Was there any pronouncement against the Ward Executives of the Party that are already in place as ratified by the National Convention of the Party? I agree that Ife judgment is subsisting (though now subject of an appeal and even appeals, and subject of a stay/injunction pending appeal), can Adagunodo which the judgment recognises be in 2 offices together? At what time did the SEC of OSUN PDP declared any vacancy in the Chairmanship seat and at what time was Wale Ojo brought in as a replacement? This is bad politics which turns logic in the head and lacks reasoning.
CONCLUSION
I saw many posts, many comments and even media reportorials which were distortions of fact and in my view amounted to professional misconduct on the part of the media outlets.. Radio, TV, print and electronic media inclusive. Any media house which reported that the court affirmed Wale Ojo as Osun PDP Chairman should take the courage by apologizing to the public and give them the appropriate information. Let them get a copy of the Ife Court judgment and make a return to the general public.
Before I conclude this piece, there is a poser: The Court of Appeal expressly removed ADAGUNODO by declaring the order reinstating him as null and void. That judgment is still subsisting. The appeal was in favour of Sunday Bisi. No appeal is pending in respect of that judgment of the Court of Appeal. Another judgment of the High Court which is lower in rank to the Court of Appeal recognises Adagunodo. The High Court judgment is now subject of live appeals and an application for stay. The said High Court judgment are declaratory and did not make mention of Sunday Bisi or any other member of Osun SWC/SEC, which of the two judgments would you follow if you were in the shoes of OSUN PDP and Hon. Sunday Bisi? It is now a situation of conflicts between a judgment of the Court of Appeal and a judgement of the High Court.
Hashim Abioye Esq.
Rivers Crisis: PDP Governors Challenge Emergency Rule at Supreme Court
By George O. Sylvester
The political climate in Nigeria has taken a dramatic turn as governors of the Peoples Democratic Party (PDP) have filed a lawsuit at the Supreme Court, challenging President Bola Tinubu’s declaration of a state of emergency in Rivers State. The emergency proclamation, made on March 18, saw Governor Siminalayi Fubara, his deputy Ngozi Odu, and all members of the state House of Assembly suspended for six months. In their place, the president appointed retired Vice-Admiral Ibok-Ete Ibas as the sole administrator of the state.
This move has sparked nationwide debate, with the PDP governors contending that it constitutes a flagrant violation of constitutional provisions. The plaintiffs—governors of Bauchi, Adamawa, Bayelsa, Enugu, Osun, Plateau, and Zamfara states—assert that the president lacks the authority to unilaterally suspend a democratically elected governor and deputy governor. In their submission, they argue that the appointment of a sole administrator is not only unconstitutional but also sets a dangerous precedent for Nigeria’s democracy.
A Legal and Constitutional Showdown
According to court documents filed by the PDP governors, the emergency proclamation contravenes several sections of the Nigerian Constitution, particularly Sections 1(2), 5(2), and 305 of the 1999 Constitution (as amended). Section 1(2) of the Constitution explicitly states that “the Federal Republic of Nigeria shall not be governed, nor shall any person or group of persons take control of the government of Nigeria or any part thereof, except in accordance with the provisions of this Constitution.” The plaintiffs argue that by suspending the duly elected governor and deputy governor, the president has usurped powers that the Constitution does not grant him.
Furthermore, the governors maintain that Section 305, which outlines the conditions under which a state of emergency can be declared, does not empower the president to suspend elected officials. The section provides that a state of emergency may be declared in the case of war, natural disasters, public disorder, or breakdown of law and order. However, the plaintiffs argue that the situation in Rivers State did not meet these stringent conditions.
The Eleven Flaws of President Tinubu: A Critical Analysis
By George O Sylvester
President Tinubu’s administration has been marred by several controversies and criticisms since its inception. This article provides an in-depth examination of eleven flaws that have been identified in his leadership style and policies, which may potentially impact the effectiveness of his administration.
1. The Insignificant Vice President:
The role of Vice President Kashim Shettima in the administration has been rendered insignificant, with many questioning his continued relevance. The Muslim-Muslim ticket that was used to woo Northern votes has been exposed as a mere gimmick, leaving the North East region feeling betrayed. According to Senator Ibrahim Shekarau, “The Vice President’s role has been reduced to mere ceremonial functions, a far cry from the robust engagement we expected.”
2. The Weak National Chairman:
APC National Chairman Abdullahi Umar Ganduje’s corruption allegations have continued to plague his tenure, despite his denials. The opposition has capitalized on these allegations, using them to attack the Federal Government. Governor Samuel Ortom noted, “Ganduje’s corruption allegations have damaged the APC’s reputation, and his continued stay as National Chairman is a liability.” Furthermore, Ganduje’s home state of Kano is now controlled by the opposition NNPP, led by Senator Rabiu Musa Kwankwaso.
3. The Liability Senate President:
Senate President Godswill Akpabio has lost credibility due to his handling of the Senate, which has been criticized for being chaotic. His corruption allegations and sexual harassment charges have become synonymous with his name, leading many to question his character and humility. Senator Ovie Omo-Agege stated, “Akpabio’s leadership style has been divisive, and his handling of the Senate has been chaotic.”
4. The National Security Adviser’s Questionable Integrity:
National Security Adviser Nuhu Ribadu’s threat to sue Najaatu Mohammad over corruption allegations against President Tinubu ended in embarrassment. His failure to follow through on his threat and subsequent denial of ever accusing the President of corruption have tarnished his integrity. Hon. Yusuf Gagdi noted, “Ribadu’s failure to take action against corruption allegations has raised questions about his credibility and integrity.”
5. The Minister of FCT’s Divisive Politics:
Minister of FCT Nwesome Wike’s appointment has been marked by controversy, with many questioning his suitability for the role. Wike, a former PDP member, played anti-party politics in Rivers State to support President Tinubu’s candidacy. Senator Ali Ndume stated, “Wike’s appointment has been a disaster, and his actions have further polarized the polity.”
6. The Buhari Camp’s Growing Discontent:
The politicians who supported President Tinubu’s candidacy, known as the Buhari camp, feel sidelined and are quietly regrouping to challenge the President. Former governor Nasir El-Rufai warned, “The Buhari camp feels betrayed, and their discontent may boil over into a full-blown crisis.”
7. Political Mercenaries:
Reno Omokri and Senator Shehu Sani, once vocal critics of President Tinubu, are now his vocal supporters. Their accusations against the President, ranging from Chicago controversies to drug trafficking allegations, have been conveniently forgotten. Senator Dino Melaye said, “Reno Omokri and Shehu Sani’s sudden U-turn is a classic case of political opportunism, driven by self-interest rather than principle.”
8. The Muslim-Muslim Ticket Mantra:
The Muslim-Muslim ticket mantra used to woo Northern votes has been exposed as a ruse. Northerners are poised to make fresh demands come 2027, which may not bode well for the APC-led government. Hon. Mohammed Monguno predicted, “The Muslim-Muslim ticket was a gimmick that has backfired, and the APC will pay the price in 2027.”
9. Nepotism in Appointments:
President Tinubu’s appointments have been criticized for favoring Yoruba elites, creating a perception that the President is building the Yoruba people above all other tribes in Nigeria. Forner Governor Ifeanyi Okowa noted, “The President’s appointments have been lopsided, favoring Yoruba elites at the expense of other regions.”
10. Seyi Tinubu’s Involvement in Underground Campaigns:
Seyi Tinubu’s involvement in underground campaigns is unlikely to yield positive results for the APC. This move exposes the President’s parental weakness, drawing parallels with the Abacha era. Seyi’s actions are disrupting Lagos’ political landscape, relying on financial influence rather than integrity. Senator Kabiru Gaya stated, “Seyi Tinubu’s actions are a reflection of the President’s weakness, and his reliance on financial influence rather than integrity will ultimately harm the APC.”
11. President Tinubu’s Shift in Leadership Style:
President Tinubu has transformed from a wise leader to a powerful one since taking office. He no longer values consultations, lobbying, and persuasions.”The President’s maiden speech was a clear indication of his disregard for democratic principles, and his unilateral decision-making style will lead to chaos.” – Hon. Kingsley Chinda
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