A member of the Edo State chapter of the Peoples Democratic Party (PDP), Imasuen Uyigue, has asked Edo State High Court sitting in Benin to sack 12 members of the party in the state for occupying dual positions as chairmen of local government chapters of the party and as senior special assistants (SSA) to the Edo State Governor.
Uyigue is seeking the sack of the defendants, who he said took up appointment to governor Godwin Obaseki prior to the last governorship election in the state in 2020 whilst still chairmen of the PDP in their councils.
The suit has Mr. Osaro Nosa Iseleromon ( chairman Uhunmwode LGA), Felix Oghiomwan Onaiwu (Oredo LGA), Andy Ikhajangbe (Esan WestLGA), Clifford Inegbedion (Esan North LGA), Mathew Mutana Ebhotemen (Esan Central LGA), Adulkarim Momodu (Akoko Edo LGA), Frank Kayode Ogunnubi (Akoko Edo LGA), Leslie Ebozoje (Owan East LGA), Vincent Ekpemeri Umoru (Etsako East LGA), Abdukareem Kassin (Etsako Central LGA), and the Peoples Democratic Party (PDP), as the 1st -13th defendants.
Uyigue, believed to be a front for Governor Obaseki, prayed the court to sack the defendants on grounds that they retained their positions as chairmen of the party in their various local government areas and at the same time as SSA to the governor.
The applicant wants the court to therefore nullify the defendants hold to the position of local government party chairmen, adding that it is against the Constitution of the PDP and the Federal Republic of Nigeria.
The plaintiff also prayed the court to determine, “Whether by the combined effect of Article 48 of the Constitution of the Party of PDP and Section 196 of the Constitution of the Federal Republic of Nigeria, 1999 (As amended) the 1st -12 defendants can validly, legally and constitutionally hold the double offices as senior special assistants to the governor of Edo State as well as the offices of the chairman of the local government in Edo State.
“Whether as a result of their appointment, acceptance and assumption of offices as senior special assistants to the governor of Edo state, the 1st – 12th defendant can still function or purport to function as elected officers of the Peoples Democratic Party (PDP) in Edo State and/or exercise the powers and enjoy privileges attached to such offices as chairmen of their respective local government chapters of the Peoples Democratic Party at n Edo State.”
The plaintiff therefore asked the court to resolve the questions in his favour and declare that “by virtue of their appointment, acceptance and assumption of office as senior special assistants to the governor of Edo state, the 1st – 12th defendants are deemed to have resigned from their offices as chairmen of their respective local government chapters of the Peoples Democratic Party in Edo State.
“A declaration that it is unlawful and unconstitutional for the 1st – 12th defendants to purport to hold, occupy and function as senior special assistants to governor of Edo state, as well as the chairman of their respective local government chapters of the Peoples Democratic Party (PDP) Edo State.
“A declaration that from 1st day of April 2020, when the 1st -12th defendants were inaugurated as senior special assistants to the governor of Edo state, they cease to hold or occupy their respective
“A declaration that by virtue of 1st – 12th defendants acceptance and assumption of office as senior special assistants to the governor of Edo State their offices as chairmen of their respective local government chapters of the Peoples Democratic Party in the affected council’s became vacant with effect from 1st of April 2020.”
The plaintiff also sought an order of the court restraining the defendants from either by themselves or through their sgents, privies, nominees, or surrogates from continuous occupation of the offices of the chairmen of their respective local government chapters of the party in Edo State or purporting to function and/or exercise the powers and privileges attached to the office.
“An order restraining the 13th defendant (PDP) from recognising or further recognising the 1st – 12th defendants as chairmen of their respective local government chapters of the Peoples Democratic Party in Edo State and or according them the powers and privileges of such office.
“An order directing the 13th defendant to immediately conduct a mini Congress to fill up the vacant offices vacated by the 1st – 12th defendants in the local government chapters of the Peoples Democratic Party in Edo State.”
No date has been fixed for hearing of the suit.
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