Judge declares article 59 of PDP’s constitution illegal, unconstitutional

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A Rivers State High Court sitting in Port Harcourt has upheld the suspension of Peoples Democratic party National Chairman, Prince Uche Secondus.

The court also ruled section 59 of the party’s constitution illegal and unconstitutional.

Justice Okugbelem Gbasam, in a four-hour judgement delivery, granted all the reliefs sought by the claimants, Ibeawuchi Alex and others who are aggrieved members of the party.

Justice Gbasam ruled that relying on Secondus suspension from Ward 5, Andoni local government area of the state, he should desist from acting or parading himself as PDP National Chairman.

The court also affirmed the prayers seeking Secondus to stop attending, functioning, acting or conveying any PDP meeting in the capacity of the party’s National Chairman.

In an interview with our correspondent, the claimants Counsel, Nwosuegbe Eze, said the judgement of court is sacrosanct as it is has given judicial confirmation that Secondus remains suspended.

“The PDP members of Rivers State were not certified with the way Secondus was handling the affairs as Chairman of the party, they felt there were lots of internal wrangling, divisions, people were leaving the party and Secondus remaining Chairman will cause grave harm, havoc to the party, that was the reason for the suit and the court affirmed it.”

Also, Geoffrey Uwalaka, Counsel to the Defendant, Prince Uche Secondus, said the suspension is invalid, noting that they will appeal the judgement.

“I am a bit surprised that the ruling went on because there was a pending appeal, we have filed and the record have been entered which we brought to the notice of court. I expected that the court ought to have stayed further proceedings pending the hearing and determination of the appeal, but the court went further to deliver ruling.

“I was not expecting anything less than what I heard in the court today and I strongly believe that we will definitely appeal against the ruling.”

On his part, Counsel representing Peoples Democratic party PDP, Eugene Odey, said the issues is an internal problem that could be resolved internally for the interest of protecting the party constitution.

“The only thing that touches us as the party is the fact the constitution of the party has been thrown in for judicial interpretation. It is on this regard that we feel we have to react. We felt we ought to have been given opportunity to state our position regarding the constitution of the party and the party constitution is the supreme law that binds every member of the party.

“The party is like a mother to both the claimants and Defendant, and a mother is not supposed to take sides to support this child against the other. They are all members of PDP, there have been a committee setup to resolve this issue.

“if my client decides they will go on appeal, we will appeal the ruling, if they decide they will be bound by the court decision so be it ”

Justice Gbasam also struck out articles 59 of the PDP constitution which gives power to the National working committee to sanction members since according to him, the section of the party’s constitution runs in conflict with the Nigerian constitution.

Justice Gbasam held that Uche Secondus cannot act, be or perform any function as chairman of the party citing cases of the judgement against Adams Oshiomole after he was suspended by his ward