The Peoples Democratic Party operates under a well-defined Constitution that provides clear guidelines for the smooth operation of the Party at all levels. The recent statement by the National Publicity Secretary, Hon. Debo Ologunagba, announcing the purported appointment of a Southsouth Zonal Caretaker Committee is a gross violation of the PDP Constitution and an affront to the rule of law.
The PDP Constitution explicitly outlines the processes for electing zonal officers and managing zonal affairs. According to Section 28(2)(b) of the PDP Constitution, the Zonal Congress is the only body empowered to elect officers of the Zonal Working Committee. Furthermore, Section 28(3) provides that the Zonal Congress shall meet at the instance of the National Vice Chairman from the zone. Additionally, Section 27(2)(c) clearly defines the Zonal Executive Committee as the only organ empowered to summon the Zonal Congress and prepare its agenda, while Section 27(3) mandates that the meeting of the Zonal Executive Committee shall be at the instance of the National Vice Chairman.
In strict adherence to these provisions, on February 15, 2025, the Southsouth Zonal Chapter of the PDP held its Zonal Executive Committee meeting in Benin, Edo State, at the instance of the National Vice Chairman from the Zone, Chief Dan Osi Orbih, as required by Section 27(3) of the PDP Constitution. During this meeting, the Zonal Executive Committee approved February 22, 2025, for the meeting of the Zonal Congress, in line with Section 27(2)(c). On the said date, the Zonal Congress, exercising its powers as provided in Section 28(2)(b), duly elected officers of the Southsouth Zonal Working Committee, including Chief Dan Osi Orbih as National Vice Chairman and Barrister George Turner as Zonal Secretary. Prior to the conduct of this Congress, the Party informed the Independent National Electoral Commission which sent its staff to monitor the exercise in compliance with the provisions of the Electoral Act.
It is, therefore, shocking and unacceptable that an officer of the National Working Committee, Mr. Debo Ologunagba, who claims to be a lawyer, would overreach his constitutional mandate to announce a purported appointment of a Zonal Caretaker Committee to assume positions that are not vacant. By the provisions of Section 33(2) of the PDP Constitution, only the National Convention, as the Supreme Controlling Organ of the Party, enjoys the powers to invalidate the actions or decisions of a Zonal Congress. Furthermore, Section 29(2)(a) stipulates that the National Working Committee is responsible for the day-to-day administration of the Party at the national level and operates under the control of the National Executive Committee. While Section 29(2)(b) empowers the NWC to act on behalf of the NEC in emergencies, it explicitly states that such actions are subject to ratification by the NEC. In other words, the NWC cannot hide under the guise of an “emergency” to perpetrate illegality.
This is not the first time the NWC has attempted to overstep its bounds, and judicial precedents have consistently reaffirmed the limits of its powers. In 2012, the Adebayo Dayo-led State Executive Committee of the Ogun State Chapter of PDP dragged the NWC to the Federal High Court in Lagos over the powers of the State Executive Committee to conduct the Ogun State Congress without the directive, involvement, or sanctioning of the NWC. In suit number FHC/L/CS/347/2012, The court ruled as follows:
“That an order is granted to the Plaintiff (Adebayo Dayo-led PDP OGSEC) restraining the 2nd Defendant (PDP) by itself, its agents, servants, proxies, and surrogates from henceforth conducting the affairs of the PDP in Ogun State, including meetings, congresses, and/or primaries, except through the new officers of the party that have emerged from congresses conducted by the plaintiffs as listed in the exhibits attached to the affidavit in support of this originating summons.
“That an order is granted to the plaintiff directing the 1st defendant (INEC) to deal exclusively with the new Ogun State officers of the PDP that emerged from the congresses conducted by the plaintiffs (as listed in exhibits attached to the affidavit in support of this originating summons) in the conduct of the 2nd defendant’s (PDP’s) programmes in Ogun State, including congresses and primaries of the party until the four-year tenure to which they have been elected is spent.”
This judgment was upheld by the Supreme Court.
Similarly, in 2016, a suit lodged at the Federal High Court in Lagos (suit number FHC/L/CS/636/2016) reaffirmed that the power to summon congresses resides with the party’s respective executive committees, relying on the 2012 judgment. In 2020, the Uche Secondus-led NWC instituted a fresh suit on the same subject before Justice Iyang Ekwo of the Federal High Court in Abuja. Justice Ekwo dismissed the suit as frivolous, noting it had been determined in 2016, and ruled that only the Executive Committees at the respective levels are empowered to summon congresses at those levels.
In light of these judicial pronouncements, which predate Chief Dan Osi Orbih’s tenure as National Vice Chairman, the recent statement by Mr. Debo Ologunagba on the purported Southsouth Caretaker Committee is a display of rascality, null, void, and an exercise in futility. We call on all Party leaders, stakeholders, and members in the Southsouth Zone to disregard this illegal action and continue to work together in the overall interest of the Party, in line with the provisions of the PDP Constitution and the rule of law.
Signed:
Prince Etim Isong.
Southsouth Zonal Chapter
Peoples Democratic Party
March 8, 2025
