Weeks after the PDP concluded its national congress, elected a new national working committee, and Rivers Gov Nyesom Wike celebrated the crushing defeat of his enemy and suspended former national chairman Uche Secondus, trouble has sprung up again.
Secondus isn’t totally vanquished, and if the Lady of Justice smiles on him, he might upset everything the PDP accomplished at the convention, including the election of Iyorcha Ayu as national chairman.
He has appealed before the Supreme Court asking it to declare that only he had the legal right to preside over the last national convention.
In the final appeal, the chairman provides the pegs to hang his case on afresh—after a string of losses from a lower court suspending him, to the appeal court upholding his ousting.
But at the apex court, Secondus is not just appealing against the convention; he is also seeking an order declaring that his suspension at the ward level was not enough reason for him to vacate office of the national chairman of the PDP.
However, Secondus is now praying the Supreme Court to declare that the appellate court erred in its judgment.
According to the appeal filed by his lawyer, Mr Tayo Oyetibo (SAN), the former chairman provided three grounds for appeal.
He said Section 222(c) of the Nigerian Constitution required every political party to have a constitution, which shall be registered with the Independent National Electoral Commission.
According to him, Article 35(1) (b) of the PDP’s Constitution confers on the national chairman of the party the right to preside over the national convention, but the appellate court gave the party the right to hold the convention without him.
He also argued that his suspension at his ward did not translate to him suspension as the chairman of the PDP.
The notice of appeal read in part, “The Court of Appeal erred in law when it held that the appellant had no legal right or interest to protect by his application, which was filed on October 14, 2021 and re-filed on October 27, 2021.
“The Court of Appeal erred in law and violated the appellant’s right to fair hearing when it held that the appellant, having been suspended as a member of the 6th respondent (the PDP), could not continue to function as the national chairman.
“The Court of Appeal erred in law in dismissing the appellant’s application, which was filed on October 14, 2021 and re-filed on October 27, 2021.”
He’s now seeking four reliefs: an order allowing the appeal, an order setting aside the decision of the appellate court and an order confirming that Article 35(I) (b) of the PDP Constitution confers on him the personal right to preside over the convention of the party.