Peoples Democratic Party over its yet-
to-be-held convention, where some
national officers are expected to be
elected.
Already, a committee of those who
considered themselves as senior
members of the party and friends of
President Goodluck Jonathan has
alerted the PDP to the possible legal
quagmire it could find itself over the
proposed convention.
In a draft memo, the party and the
President were informed about the
illegality that might come out from the
convention if corrective actions were
not taken.
The draft memo, leaked to our
correspondent on Tuesday, did not
contain names of the authors but was
copied to Jonathan and the National
Chairman of the PDP, Bamanga Tukur.
Starting with the National Executive
Committee meeting of the party,
which was held on June 20, the party
was told that the resignation of about
20 officers of the party, eight of which
were members of the National Working
Committee, before the meeting
implied that they were not part of the
meeting.
The resignation of the officers was the
first item to be treated before the full
commencement of the meeting.
The memo said the implication of this
was that the ex-officers of the PDP
were no longer part of the meeting
and that because of this, there was no
quorum among the NWC members
when Tukur presented his memoranda.
The memo said, "Shortly after their
(the officers that resigned) departure,
the National Chairman, went ahead
with the meeting that had no agenda,
no Secretary and with no basis to
determine whether a proper quorum
was formed or not, to present three
memoranda to the NEC on behalf of
the National Working Committee as
follows:
Appointment of persons to fill the
vacant positions in the National
Executive Committee in acting
capacities pending election of
substantive officers: Memo No.
NEC/61/105/13 dated 20th June,
2013.
Approval of the composition of Special
Convention Planning Committee:
Memo No. NEC/61/103/13.
Approval of guidelines and the
timetable for the 2013 Special
Convention Memo: No.
NEC/61/104/13 dated 20th of June,
2013.
The memo noted that in view of the
mass resignation of the NWC members
and their non-participation in the
decision process, with the exception of
the National Chairman and the
National Financial Secretary, "the
purported memoranda are defective
because the NWC couldn't have raised
them."
It added that it was "evidently clear
that the memos originated when there
was no quorum in the NWC as
contained in Section 29(4) of the PDP
constitution.
"Therefore, the appointment of
persons to fill the vacant positions that
existed didn't follow the due process
and also violated Electoral Act
Provision, Section 85(3) of the Electoral
Act 2010 (with 2011 amendments)
which supercedes the party's
constitution."
Apart from that, the memo said that
the party's constitution was violated by
proposing for a voice vote of "yes" or
"no" to elect a single candidate in the
convention.
The attention of the leadership of the
party and President Jonathan were also
called to another issue that could lead
to a constitutional crisis in the election
of the officers.
The memo said that it was against the
party's constitution to propose that
national officers should emerge
through the zones to the national
convention.
Apart from faulting the composition of
the leadership of the special
convention committee which it said did
not consider the religious divide in the
country, it said the timing of the
convention was insensitive to a "very
serious religious obligation, which is
Ramadan."
The memo also said there would be a
vacuum in the tenure of the officers to
be elected at the special convention.
"Whereas the National Chairman and
the Financial Secretary have two more
years and seven months to go, the
officers that will emerge at the special
convention will have to spend four
years as contained in Section 47 of the
PDP constitution," the authors of the
memo noted.
On the implications of the above noted
details, the memo said, "There was no
quorum of the NWC as of the time of
NEC meeting of 20th June, 2013.
Neither was there agenda nor duly
constituted Secretary to take minutes
of the proceedings."
It said therefore that the exercise was
a nullity and asked for a revisiting.
Efforts to speak with the Chairman of
the PDP Convention Committee, Prof.
Jerry Gana, were not successful as calls
made to his mobile telephone were
not answered.
He also did not respond to an enquiry
sent to the same mobile telephone on
the matter.
But the Special Assistant to Tukur on
Media, Prince Oliver Okpala, defended
his boss, saying the memoranda he
presented at the NEC meeting were
meant for the NEC members and not
the NWC.
He said the resignation of the NWC
members did not have any effect on
the composition of the NEC.
Okpala said, "The memos were
presented to NEC members and not
the NWC members. The NEC was
properly constituted, even after the
resignation of the NWC members.
"The decisions were later ratified by
NEC. The issue of not forming a
quorum of NWC members before the
presentation was neither here nor
there."
The former National Secretary and
Zonal Vice-Chairman of the party in the
South-West, Prince Olagunsoye
Oyinlola and Mr. Segun Oni
respectively, had also asked the Gana
committee not to conduct election into
their offices since they were still in
court to contest the rulings of federal
high courts that sacked them.
While Oyinlola authored his letter, Oni
sent his own through his lawyer, Mr.
Gboyega Oyewole.
Source: punch ng
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