SANs differ on New PDP’s legality.

September 29, 2013 by ALLWELL OKPI 

National Chairman, PDP, Alhaji Bamanga Tukur

Some Senior Advocates of Nigeria have expressed different views on whether the faction of  Peoples Democratic Party, the New PDP, should be regarded as a legal entity or not.

In separate interviews with SUNDAY PUNCH, some of the lawyers argued that the constitution recognised factions of political parties and that the New PDP should be recognised as a legal entity; but another SAN  opposed the view.

Mr. Emeka Ngige, SAN, argued that since the constitution recognised factions of a political party, it would not be out of place to say the New PDP is recognised by law.

He said, “The constitution of Nigeria recognises a situation where a party is in factions. That is why it is provided in the relevant section dealing with loss of seat by a member of any of the legislative houses. It states that where a lawmaker defects because there are factions within his party, then he cannot lose his seat.

“So, with that constitutional recognition, it becomes evident that factions are constitutionally recognised and, therefore, a creation of a faction is not a strange development in our constitutional democracy.”

Ngige, however, noted that the constitution does not make any explicit provision on how the faction can be recognised, but leaves that to the courts.

He described the PDP National Chairman, Bamanga Tukur’s threat to declare the seats of New PDP lawmakers vacant as an empty one, saying the threat was further rubbished when the National Assembly received the leadership of the New PDP.

Similarly, another Senior Advocate of Nigeria, Mr. Yusuf Ali, said the constitution anticipated factions in parties.

“This is not the first time in our current democratic experiment where you have a party having factions. The constitution directly recognises factions within parties, when it talks about losing of seat, either in the National Assembly or state Houses of Assembly. It states that if you cross from one party to another, once you are able to show that there is a faction in the party, you can’t lose your seat,” he said.

Ali noted that the New PDP could be recognised as a legal entity, but only “as a faction of the old PDP.”

He absolved the principals of the National Assembly of any blame for receiving the leadership of the New PDP, saying the constitution guarantees freedom of association.

He also said Tukur’s leadership could not recall the Assembly members loyal to Baraje’s leadership, stating that the recall of lawmakers depended only on their constituencies.

But another SAN, Dr. Konyinsola Ajayi, said the New PDP is not  recognised by law because no two parties can exist with the same name and logo.

He said, “I don’t think the constitution recognises factions. And it is not something to be encouraged. There can’t be two parties bearing the same name, with the same logo because it will cause confusion; neither the constitution nor the law allows that.”

On the declaration of vacant seats at the National Assembly, he said based on the Supreme Court judgment in the case that brought in the Rivers State Governor, Rotimi Amaechi, victory at the polls belonged to the political party and not the candidate.

“The law gives much prominence to political parties in the scheme of things in our polity. If you are sponsored by a party, if you are no longer in the party, your seat can be declared vacant,” he stated.