Confusion appears to be trailing the congress of the Peoples Democratic Party in Anambra State with the Benji Udeozor-led executive describing it as unlawful. The Udeozor-led exco which was reinstated few weeks before the conduct of the congress said last Monday’s congress was illegal and contemptuous of an Abuja High court that affirmed it as the substantive state executive of the party in the state.

Also speaking on the issue, the legal adviser to the Udeozor executive, Mr. Chuks Okoye said, “Pursuant to section 85(2) and (4) of the 2010 Electoral Act and Article 12.40 of the constitution of the Peoples’ Democratic Party (PDP) 2009, as amended, the purported usurpation and unlawful exercise of the constitutional powers of the Anambra State Executive Committee with respect to the illegal conduct of congresses and screening of LGA Chairmanship and Councillorship aspirants is illegal, unconstitutional, null and void and of no effect, whatsoever.”

It would be noted that the Independent National Electoral Commission (INEC) had declined to monitor the congresses of the Peoples Democratic Party (PDP) in Anambra State as required by law following court pronouncements on the reinstated State Executive Committee (SEC) of the party in the state.
The Secretary to the Commission, Abdullahi A. Kaugama, in a letter to the National Chairman of the PDP, Dr Okwesilieze Nwodo, dated October 22, 2010, entitled: “Notification of PDP State Congress – Anambra State” said the commission would not monitor the congresses in view of the court orders restraining it on the matter.

The letter reads in full: “We refer to your letter of notification of your party’s congresses in Anambra State scheduled for 21st, 23rd and 25th October, 2010.
“This is to inform you that the Commission is in receipt of copy of judgment in Suit No CV/12/09 between Benji Udeozor & ors Vs PDP & ors and an exparte order in suit No FHC/ABJ/CS/657/10 Between Mr Benji Udeozor & ors Vs PDP and ors (copy each attached) which respectively declare that the plaintiffs ‘were wrongly removed from office and entitled to their expired term’ and restrain the commission from ‘recognizing, acting or doing any act whatsoever to include for general election, any candidate who may emerge from any primary except that which is conducted by the plaintiffs pending the final determination of the motion before the court.’

“Accordingly, the Commission would not monitor the congresses having regard to the said orders of the court.”
Justice Hussein Baba Yusuf of an Abuja High Court had earlier reinstated the sacked Anambra PDP SEC with an order that the State Chairman of the party,Udeozor and his executive members be allowed to complete their tenure.
The National Working Committee (NWC) of the PDP had dissolved the executive and set up a caretaker committee to conduct ward, local government and state congresses in Anambra.

A Federal High Court sitting in Abuja had restrained the INEC and PDP from recognizing the Anambra State Caretaker Committee set up by the party.
In an interim order, Justice Ibrahim Auta also restrained Messrs. Emma Nweze and Hon. Emma Mbamalu, who were Chairman and Secretary of the committee respectively, from running, operating or conducting the affairs of the party pending the determination of a suit filed against them.

http://www.sunnewsonline.com/webpages/news/national/2010/oct/27/national-27-10-2010-0012.htm