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The National leadership of the Peoples Democratic Party appears to be in a state of total confusion over how to inteprete two conflicting court judgements made by the same Justic E.S Chukwu of the Federal High Court, Abuja.
Oyo PDP had on 1 November held its Ward congresses to decide the delegates that would elect all its flagbearers for the 2015 polls. The congresses was said to be marred by violence and irregularities, which led to its cancellation following the report of the congress appeal panel, which supported the claim of irregularities.
A new 5-man congress panel led by former minister Dr Aliyu Idi Hong was tasked with conducting fresh Congresses on 24 November amid tight security. Despite allegations of irregularities again, Dr Idi Hong during a post-congress press conference, said the congresses were successful in 90% of the Wards. The result of the congresses was signed by the secretary of the panel, Ndoma Egodo and authenticatd by the Yinka Taiwo led Executive as being the results emanating from congresses held at the designated venues listed by the State Chapter of the PDP. These set of results were said to favour the camp of the former Senate Leader, Sen Teslim Folarin, a leading contender for the PDP governorship ticket.
The other three congress panel members led by Dr Tony Macfoy however disagreed with Idi Hong and Egodo and submitted a separate set of results, which was said to favor Billionaire Oluseyi Makinde, another candidate for the Oyo PDP guber ticket. Following this, a chieftain of the PDP from the Seyi Makinde Camp, Mr Adelowo Ademola approached Justice E.S Chukwu of the Federal High Court Abuja. In his judgement, he ruled that the party should only give effect to the result submitted by the Tony Macfoy faction of the congress panel and disregard that of the Panel Chair, Idi Hong and secretary, Ndoma Egodo. Joined as defendants in the suit, were the National Working Committee of the PDP, INEC, Idi Hong and Ndoma Egodo. Justice Chukwu also granted an injunction restraining INEC from recognizing candidates produced from any primaries other than those elected using the delegates from the Macfoy group.
Curiously, the Folarin group, through Chief Solomon Olujimi had earlier approached the same Justice E.S Chukwu, possibly in anticipation of such judicial battle. Joined as 1st and 2nd defendants in that suit, were INEC and the PDP. As part of the declaratory judgement obtained on 27 October 2014, Justice E.S Chukwu declared that the PDP and INEC are mandatorily obliged to receive and give effect only to reports and acts of the Yinka Taiwo led Executive in respect of al congresses, conventions, meetings, appointments, primaries or any such act as the 1st and 2nd defendants are obliged in law to perform as touching and concerning the 2015 elections.
The judge also granted an order of injunction restraining INEC from attending for the purpose of supervision or any other purpose whatsoever, in primaries, congresses or convention, etc in Oyo State in any venue except those designated by the Yinka Taiwo led Executive.
Furthermore, he granted an order of injunction restraining INEC from receiving, collecting, accepting etc, any result, report, orders, instruction, directives etc as it relates to all congresses, primaries etc in Oyo State in respect of State Assembly, National Assembly and governorship elections in any PDP activities in Oyo State except those arising or emanating from the venues designated by the Yinka Taiwo led State PDP Executives.
The National leadership of the party is now confused as to how to give effect to the Macfoy set of congress results which INEC could not have supervised as required by law, having been restrained by Justice Chukwu’s earlier injunction nor act upon that which was not supported by the Yinka Taiwo led State Executive as stated in ordered in Justice Chukwus earlier judgement.
Resolving this legal logjam ahead of INEC’s deadline, which requires completion of all primaries before 11 December, is now a major hurdle for the PDP
