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BREAKING: High court sacks PDP chairman, says his stay in office unconstitutional

by Emerald Nigeria
July 18, 2023
in Politics
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The High Court of Justice of Taraba state has removed the Chairman of the People’s Democratic Party, (PDP), Taraba State chapter, Abubakar Bawa from office, describing his occupation of the office as “invalid, unconstitutional, null and void”.

The court also ordered the reinstatement of Alhaji Inuwa Bakari as acting chairman of the party.

The case with suit number: TRSJ/62/2023, had Ibrahim Abdullahi, Shaning S. Moses and Alhaji Inuwa Bakari as plaintiffs. The People’s Democratic Party and Abubakar Bawa are the defendants.

According to the judgement given by Justice Nuhu S. Adi, “by the provisions of article 47(6) of the PDP constitution, the power to appoint the person to fill the vacancy created by the resignation of the outgoing Taraba State chairman of the People’s Democratic Party is the Taraba State Executive Committee and not the National Working Committee of the defendant”.

The judgement order further reads: “that the appointment of the 2nd defendant, Abubakar Bawa by the National Working Committee of the 1st defendant as the substantive chairman of the Taraba State chapter of the 1st defendant is invalid, unconstitutional, null and void.

“That the 1st defendant is bound by law to observe and comply with the provisions of the article 47(6) of the 1st defendant’s constitution in the appointment of a substantive chairman for Taraba State chapter of the 1st defendant.

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“That the purported appointment of the 2nd defendant, Abubakar Bawa as the substantive chairman of the Taraba State chapter of the 1st defendant is hereby set aside”.

“The 2nd defendant, Abubakar Bawa, his agents, servants or proxies by whatsoever name called are restrained from occupying, continuing to occupy, functioning, acting, performing the role or assuming the status and office of the chairman of Taraba State chapter of the 1st defendant”.

The judgement also stated that: “The 3rd plaintiff, Alhaji Inuwa Bakari shall continue to act as chairman of the Taraba State chapter of the 1st defendant pursuant to article 45 (2) and (4) of the defendant’s constitution”.

The embattled chairman, Bawa, had in March assumed the position of the chairman of the Taraba chapter of the PDP.

But the deputy chairman of the party, Alhaji Inuwa Bakari, who took over as acting chairman upon the resignation of Agbu Kefas (now governor of the state), approached the Federal High Court Jalingo in May, seeking the declaration of the appointment of Bawa as null and void.

He however was not successful as the court struck out the case “for lack of jurisdiction”.

“The court cannot tamper with the appointment of the 2nd defendant (Abubakar Bawa), since the case is decided based on Preliminary Objection (i.e., incompetency of the suit) and not an evaluation of evidence,” the judgement read.

Meanwhile, several efforts made to get the response of the sacked chairman, Abubakar Bawa on the judgement, were without any success. He instead preferred to speak today (Tuesday).

Source: The Nation
Tags: courtPDPTaraba state
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