Table of Contents
- Disowning the Communiqué
- Letter to Adolphus Wabara
- Challenging the Suspensions
- Authority of Wabara
- Legal Implications
- Public Response
Several members of the Board of Trustees (BoT) of the Peoples Democratic Party (PDP) have rejected a communiqué issued following the party's 83rd BoT meeting, labeling it as unconstitutional, illegal, and ineffective.
The dissatisfied BoT members expressed their stance in a letter directed to former BoT chairman, Adolphus Wabara, through their legal representatives, C.T. Mue and Associates.
In the letter, the attorneys contested paragraph eight of the communiqué, which allegedly announced the suspension of certain BoT members and referred them to the party’s National Working Committee (NWC) for disciplinary measures.
The counsel pointed out that the PDP constitution explicitly restricts the powers of the BoT to advisory, moral, custodial, mediatory, and harmonizing functions as outlined in Article 32(5).
They emphasized that the board does not possess the constitutional authority to discipline, suspend, or remove any of its members.
They argued that any resolution claiming to suspend BoT members is ultra vires, null, and void.
The lawyers also referenced Article 32(7) of the PDP constitution, which states that only the party’s national convention, acting on the recommendation of the National Executive Committee (NEC), has the authority to remove a BoT member due to misconduct or infirmity.
They observed that no such recommendation or convention decision exists concerning their clients, labeling the purported suspensions as a “constitutional aberration.”
The affected BoT members questioned Wabara’s authority to issue or present the communiqué, asserting that his term as BoT chairman had expired.
They maintained that he thus lacked the legal standing to convene meetings, preside over them, or represent the board.
The lawyers further stated that any meeting held or resolution passed under these conditions is legally ineffective and amounts to a nullity.
They warned that any publication or action affecting the rights or status of duly appointed BoT members based on the disputed communiqué is unconstitutional, defamatory, and subject to legal action.
The BoT members urged the public to disregard the communiqué, asserting that it originated from an unlawful authority.
They also called for its immediate withdrawal, a public retraction of the alleged suspensions, and a formal acknowledgment that the BoT lacks disciplinary powers over its members.
Frequently Asked Questions
What was the main issue with the communiqué issued by the BoT?
The main issue was that several BoT members deemed the communiqué unconstitutional and illegal, particularly regarding the announced suspensions of certain members.
What did the lawyers argue about the powers of the BoT?
The lawyers argued that the PDP constitution limits the BoT's powers to advisory roles and does not grant them the authority to discipline or suspend members.
What actions are the BoT members requesting?
The BoT members are requesting the immediate withdrawal of the communiqué, a public retraction of the suspensions, and official recognition that the BoT does not have disciplinary powers over its members.
Eze Chidiebere Paul
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