Court Sacks Taraba PDP Chair, Bawa, Reinstate Bakari

Chuwang Emmanuel

The Taraba state High Court  presided over by Nuhu Adi in Jalingo, on Monday, sacked Abubakar Bawa as the Taraba state chairman of the Peoples Democratic Party (PDP).

The Judge nullified Mr Bawa’s appointment and reinstated Inuwa Bakari as the authentic acting Chairman.

This came on the heels of an earlier case struck out by Bala Usman of the Federal High court Jalingo division, for lack of jurisdiction.

Genesis of the crisis

Crisis erupted in the party shortly after the March 28th gubernatorial election in the state following the appointment of Bawa by the immediate past governor, Darius Ishaku as substantive Chairman of the party.

The Chairmanship position became vacant when erstwhile Chairman of the party, Kefas resigned to contest the gubernatorial primaries which he won and eventually emerged governor after the general election.

However, Deputy Chairman of the party, Bakari who stepped in as acting Chairman and led the party to victory in the general election proceeded to Federal High Court, Jalingo to challenge the appointment of Bawa as Chairman of the party.

Delivering judgment in the case, the Federal High Court Judge struck out the case for lack of jurisdiction.

Similarly some members of the party Ibrahim Abdullahi, Shamang Moses and Bakari filed a joint suit against the nomination of Bawa at the state High court.

In the suit against Peoples Democratic Party (PDP) and Bawa as 1st and 2nd defendants respectively.

In the suit filed by the Plaintiffs lawyer, John Okezie, the Plaintiffs who are aggrieved by the actions and/or threatened actions of the Defendants submitted the following questions for the determination of this Court,

“Whether by the provision of Article 47 (6) of the 1 Defendant’s Constitution 2017 (as amended) the 1st Defendant can validly appoint the 2 Defendant as the Substantive Chairman of Taraba state Chapter of the 1st Defendant to serve out the terms of the out gone Chairman.

“Whether by the provision of Article 47 (6) of the 1 Defendant’s Constitution 2017 (as amended), the 1st Defendant’s National Working Committee or the State Executive Committee (Taraba State) is the appropriate body vested with the constituted power to appoint a person to fill the vacancy created by the resignation of the out gone Chairman of the Taraba State Chapter of the 1st Defendant.

Upon the determination of the above questions, the Plaintiffs seek the following reliefs;

“A declaration that 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 outgone Taraba state Chairman of the People’s Democratic Party is the Taraba state Executive Committee and not the National Working Committee of the 1st Defendant.

“A declaration that the appointment of the 2nd Defendant 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.

“A declaration that the 1st Defendant is bound by law to observe and comply with the provision of Article 47 (6) of the 1st Defendant’s Constitution in the appointment of a Substantive Chairman for the Taraba State Chapter of the 1st Defendant. An order setting aside the purported appointment of the 2nd defendant

Judgement

Delivering judgement on the joint suit, the state High court judge, Mr Adi admitted all the prayers filed by the plaintiff lawyer, John Okezieh.

Adi says, “that 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 outgone Taraba State Chairman of the People’s Democratic Party is the Taraba State Executive Committee and not the National Working Committee of the 1st Defendant.

“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 Article 47(6) of the 1st Defendant’s Constitution in the appointment of a Substantive Chairman

for Taraba State Chapter of the 1st Defendant.

“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 privies by whatever 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 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) & (4) of the 1st Defendant’s Constitution.