It is with great constraint and caution that I decided to respond to the submission of Barr. Jola Moses Akintola tagged #OsunPDP: DESPERATION TAKEN TO THE EXTREME BY BARRISTER JOLA MOSES AKINTOLA on the various social media platforms for the benefit of the members of our great party and the public in general most especially teeming supporters of the Peoples Democratic Party in Osun State.
Section 45(2) of the Peoples Democratic Party Constitution, 2017 as amended provides thus:
‘In the case of the National Chairman, he shall hand over to the Deputy National Chairman from his own region/part of the country who shall, without prejudice to Section 47(6) of this Constitution, act as the National Chairman pending the election of a replacement’.
Section 45(4) of the Peoples Democratic Party Constitution, 2017 as amended provides thus:
‘This provision shall apply mutatis mutandis to other levels of the Party structure.’
In AC & ANOR. VS. INEC (2007)LPELR-66(SC) Per KATSINA-ALU ,J.S.C ( P. 17, paras. A-B )
“It is a settled principle of interpretation that a provision of the Constitution or a statute should not be interpreted in isolation but rather in the context of the Constitution or statute as a whole. Therefore, in construing the provisions of a section of a statute, the whole of the statute must be read in order to determine the meaning and effect of the words being interpreted: See Buhari & Anor. v. Obasanjo & Ors. (2005) 13 NWLR (Pt. 941) 1 (219).”
The phrase mutatis mutandis means the necessary changes. This a phrase of frequent practical occurrence, meaning that matters or things are generally the same, but to be altered, when necessary, as to names, offices, and the like.
PARTY STRUCTURE
NATIONAL LEVEL
ESTABLISHMENT AND COMPOSITION
a. National Chairman
b. Two Deputy National Chairmen
c. National Secretary
d. Deputy National Secretary
e. National Treasurer
f. Deputy National Treasurer
g. National Financial Secretary
h. Deputy National Financial Secretary
i. National Organizing Secretary
j. Deputy National Organizing Secretary
k. National Publicity Secretary
l. Deputy National Publicity Secretary
m. National Auditor
n. Deputy National Auditor
o. National Legal Adviser
p. Deputy National Legal Adviser
q. National Woman Leader
r. Deputy National Woman Leader
s. National Youth Leader
t. Deputy National Youth Leader
u. National Vice Chairmen
STATE LEVEL
ESTABLISHMENT AND COMPOSITION
a. State Chairman
b. State Deputy Chairman
c. State Secretary
d. State Assistant Secretary
e. State Treasurer
f. State Assistant Treasurer
g. State Financial Secretary
h. State Assistant Financial Secretary
i. State Organizing Secretary
j. State Assistant Organizing Secretary
k. State Publicity Secretary
l. State Assistant Publicity Secretary
m. State Auditor
n. State Assistant Auditor
o. State Legal Adviser
p. State Assistant Legal Adviser
q. State Woman Leader
r. State Youth Leader
s. Three (3)State Vice Chairmen (representing Osun East, Osun West & Osun Central respectively)
SUBMISSION
That at the National Level and by virtue of Section 45(2) of the Peoples Democratic Party (PDP) Constitution, 2017 as amended when the National Chairman resigns or removed from office he can only hand over the files and properties of the party in his possession to the National Deputy Chairman from his own region/part of the country.
That at the State Level and by virtue of Section 45(2) & (4) of the Peoples Democratic Party (PDP) Constitution, 2017, as amended when the State Chairman resigns or removed from office he can only hand over the files and properties of the party in his possession to the State Vice Chairman from his own Senatorial District.
That Osun State has three (3) Senatorial Districts namely: Osun East, Osun West and Osun Central respectively.
That, it presupposes that since the immediate past Chairman, H.E. Hon. Olasoji Adagunodo is from Osun East Senatorial he can only hand over all records, files and properties of the party in his possession to the State Vice Chairman from Osun East Senatorial District as mandated and guaranteed by Section 45(2) & (4) of the Peoples Democratic Party (PDP) Constitution, 2017 as amended.
That, this is in full compliance with Section 45(2) & (4) of Peoples Democratic Party (PDP) Constitution, 2017, as amended and pursuant to the appointment of Hon. Olasoji Adagunodo as the National Vice-Chairman, Peoples Democratic Party (PDP), South-West, Zonal Headquarters and his subsequent resignation as the State Chairman of the Peoples Democratic Party (PDP) Osun State in view of the Judgment of Hon. Justice Dr. A.A Aderibigbe in Suit No: HIF/36/2021 delivered on the 22nd of November, 2021.
CONCLUSION
That any attempt to have handed over to any other State officer other than the State Vice Chairman Osun East Senatorial District where the immediate past State Chairman, H.E Hon. Olasoji Adagunodo comes from would amount to a breach of the party Constitution and any action(s) taken in lieu of such unlawful handover and/or appointment would amount to an exercise in futility grounded in a cloak of nullity.
That, by virtue of the Judgment of Hon. Justice A.A Aderibigbe in Suit No: HIF/36/2021 delivered on the 22nd of November, 2021 there was no vacancy as H.E Hon. Olasoji Adagunodo was still the Osun State PDP Chairman as at 22nd of November, 2021 when the judgment was delivered and thereafter he resigned officially, as such Section 47(6) of the party Constitution does not avail Hon. Sunday Bisi.
Dr Ayoade Adewopo
