At last, Court Upholds Ambassador Udeh as NRM Authentic National Chairman
By Kelechi Ugo
An Abuja High Court has upheld Ambassador Isaac Chigozie Udeh as the authentic National Chairman of National Rescue Movement,NRM.
In a judgement delivered by His Lordship Hon. Justice J.K Omotosho on the Suit No:FHC/ABJ/CS/1589/2023 between National Rescue Movement, NRM as plaintiff and Independent National Electoral Commission(1st Defendant) and Ambassador Isaac Chigozie Udeh (2nd Defendant) on 18 April,2024, the Court ruled that National Executive Committee,NEC lacks powers according to the constitution of NRM to suspend the National Chairman of the Party.
Recall that the plaintiff instituted an action vide an Originating Summon undated, but filled on 23rd November,2023 seeking the determination of the below questions:
Whether having regards to Section 82(1),(2) and (5)and 83(1) of the Electoral Act,2022 as amended and the letter given 21 days notice to the 1st Defendant of the Plaintiff ‘s National Executive Committee, NEC meeting, the Plaintiff’s meeting held on 23rd October,2023 is valid?.
Whether having regards to the aforementioned section of the Electoral Act,2022 and the letter given 21 days notice to the 1st Defendant of the Plaintiff’s National Executive Committee, NEC meeting held on 23rd October,2023 at Edidas Hotel,Zone E,Apo Legislative Quarters, Abuja, the 1st Defendant is bound to keep records of meetings,take cognizance, take notice,act in accordance with the decisions and resolutions of the NEC meeting of the Plaintiff?.
Whether 1st Defendant (INEC) has control over the internal affairs of the Plaintiff done within the ambit of the Party’s constitution?.
Whether by virtue of Article 7.3.17(a) of the constitution of the National Rescue Movement, NRM, the National Executive Committee has powers to suspend the 2nd Defendant?
Whether in view of the suspension of the 2nd Defendant, the refusal by INEC to recognize the resolution of the National Executive Committee, NEC is lawful?.
Meanwhile, accompanying the Original Summon was a-17 paragraph affidavit deposed to by Shedrack Oka, the National Treasurer of the Plaintiff.
According to Justice J.K Omotosho,”a look at the functions and powers of the National Executive Committee reveal that it lacks disciplinary powers and cannot suspend any member or even an executive member such as Ambassador Isaac Chigozie Udeh. That the Plaintiff in its original process never indicated that the 2nd Defendant had been suspended by his Ward executive and it is simply ratifying same.
Again, the constitution of NRM is clear as to who can initiate disciplinary action and who can meet out punishment.
The reason for the alleged suspension of the 2nd Defendant by the NEC as revealed in the communique issued at the end of the meeting (Exhibit A) is watery to say the least. The 2nd Defendant was allegedly suspended by the NEC for the abysmal performance of the Party at the last polls due to poor leadership and selfish interest of some National officers of the Party led by the 2nd Defendant”.
“This Court wonders if a person can be punished for acts that do not constitute offence. This Court also notes that the said communique was signed by the deponent of the affidavit,one Shedrack Oka, the National Treasurer of the Party and the alleged Chairman of the fourth Quarter NEC 2023 Planning Committee and Mallam Hassan Aminu, the Secretary of the Fourth Quarter NEC 2023 Planning Committee ”
The presiding Judge further urged political parties to always respect their constitutions so as to ensure emergence of popular candidates during electioneering period.
