(Photo Credit Channelstv)
Adamawa State Governor ,Bala James Ngilari has protested against the decision of the Peoples Democratic Party, PDP to exclude him from the 2015 gubernatorial race.
Ngilari’s protest was contained in a letter by his counsel,Festus Keyamo to the national chairman of PDP dated November 17,2014.The letter recalled that “on or about Thursday, October 30, 2014, the National Working Committee of your Party issued a statement that the zoning of the Governorship to Adamawa Central Senatorial District (which was done in our client’s absence from office) remains sacrosanct. The implication of this is that our client has been schemed out of the race since he is not from Adamawa Central, but from Adamawa North Senatorial District.
The governor also noted in the letter that “However, on the day his Excellency, President Goodluck Jonathan collected his Expression of Interest and Nomination Forms at the PDP Headquarters, the PDP Chairman remarked that the same gesture extended to the President as the sitting President, would also be extended to sitting Governors – that is, automatic tickets or the right of first refusal. Why then, would the case of Adamawa State be different? Why would Governor Bala N”gilari be singled out for special treatment and why would he not benefit from the gesture extended to his colleagues?
He obsereverd “that since the birth of the PDP in 1999 up till this moment, the PDP has never denied any sitting Governor who is eligible for re-election the ticket to re-contest. The only isolated incident was the case of Mbadinuju of Anambra State in 2003, and the consequence of that decision is that the PDP has lost Anambra State till date to rival political parties, due to the crises that followed that decision.
Ngilari’s counsel observed that “It is therefore inconceivable, that our client be deprived the ticket to run for the Governorship election in 2015. It may interest you to know, sir, that since the existence of the old Gongola State up to the creation and existence of Adamawa State, no zoning formula based on Senatorial Districts has been used to produce the various Governors of the State. The only unwritten power-rotation arrangement that has been in place (without conceding it is legal) is the one between Christians and Muslims. As a result, when Boni Haruna (a Christian) completed his eight-year tenure from 1999 to 2003, stakeholders insisted and produced Rear Admiral Murtala Hammanyero Nyako (a Muslim) who almost completed his eight-year tenure. Why, then, this sudden “zoning policy” when it is the turn of the Christians?
The letter warned darkly “that the decision of PDP on zoning so as to deprive our client of his right to contest the gubernatorial election is against the spirit and letters of the 1999 Constitution of the Federal Republic of Nigeria which we have all sworn to uphold and which is superior to your internal Party schemes and policies.
We serve you Ngilari’s letter below:
Monday, November 17, 2014
The National Chairman,
Peoples Democratic Party (PDP),
Wadata Plaza,
Wuse Zone 5,
Abuja.
Dear Sir,
PROTEST OVER DECISION TO PREVENT THE EXECUTIVE GOVERNOR OF ADAMAWA STATE (BARR. BALA JAMES NGGILARI) FROM CONTESTING THE 2015 GUBERNATORIAL ELECTION PRIMARIES BY ZONING ARRANGEMENT OF THE PEOPLES DEMOCRATIC PARTY (PDP)
We are solicitors to Barr. Bala James Nggilari, the Executive Governor of Adamawa State. He has briefed us as follows:
That he has been a committed and loyal member of your great Party (PDP) since 1999. And this was evident when his former boss, Admiral Murtala Hammanyero Nyako defected from your Party to the rival All Progressives Congress (APC), our client stayed put in your Party, unlike other Deputy Governors who found themselves in the same position. When our client was again illegally removed from office as Deputy Governor over a legally non-existent resignation, he remained within the PDP to pursue his rights in court. Thankfully, at the end of the day, the court restored him as Governor of Adamawa State.
However, whilst our client was in Court pursuing his right to be sworn-in as Governor, we understand that some stakeholders of your great Party from Adamawa State agreed that the governorship slot in 2015 should be zoned to Adamawa Central Senatorial District. Our client was not part of that agreement and he was not factored into that agreement.
Consequently, on or about Thursday, October 30, 2014, the National Working Committee of your Party issued a statement that the zoning of the Governorship to Adamawa Central Senatorial District (which was done in our client’s absence from office) remains sacrosanct. The implication of this is that our client has been schemed out of the race since he is not from Adamawa Central, but from Adamawa North Senatorial District.
However, on the day his Excellency, President Goodluck Jonathan collected his Expression of Interest and Nomination Forms at the PDP Headquarters, the PDP Chairman remarked that the same gesture extended to the President as the sitting President, would also be extended to sitting Governors – that is, automatic tickets or the right of first refusal. Why then, would the case of Adamawa State be different? Why would Governor Bala Nggilari be singled out for special treatment and why would he not benefit from the gesture extended to his colleagues?
Kindly note, sir, that since the birth of the PDP in 1999 up till this moment, the PDP has never denied any sitting Governor who is eligible for re-election the ticket to re-contest. The only isolated incident was the case of Mbadinuju of Anambra State in 2003, and the consequence of that decision is that the PDP has lost Anambra State till date to rival political parties, due to the crises that followed that decision.
It is therefore inconceivable, that our client be deprived the ticket to run for the Governorship election in 2015. It may interest you to know, sir, that since the existence of the old Gongola State up to the creation and existence of Adamawa State, no zoning formula based on Senatorial Districts has been used to produce the various Governors of the State. The only unwritten power-rotation arrangement that has been in place (without conceding it is legal) is the one between Christians and Muslims. As a result, when Boni Haruna (a Christian) completed his eight-year tenure from 1999 to 2003, stakeholders insisted and produced Rear Admiral Murtala Hammanyero Nyako (a Muslim) who almost completed his eight-year tenure. Why, then, this sudden “zoning policy” when it is the turn of the Christians?
In any case, you may wish to know sir, that the decision of PDP on zoning so as to deprive our client of his right to contest the gubernatorial election is against the spirit and letters of the 1999 Constitution of the Federal Republic of Nigeria which we have all sworn to uphold and which is superior to your internal Party schemes and policies. For the avoidance of doubt, Section 1(1), (2) and (3) of the 1999 Constitution (as amended) states as follows:
“(1) This Constitution is supreme and its provisions shall have binding force on all authorities and persons throughout the Federal Republic of Nigeria.
(2) The Federal Republic of Nigeria shall not be governed, nor shall any person or group of persons take control of the government of Nigeria or any part thereof, except in accordance with the provisions of this Constitution.
(3) If any other law is inconsistent with the provisions of this constitution, shall prevail, and that other law shall to extent of the inconsistency be void.”
Flowing from the above section, kindly refer to section 42(1)(a) & (b) of the 1999 Constitution of the Federal Republic of Nigeria (As amended) which states as follows:
“42 (1) A citizen of Nigeria of a particular community, ethnic group, place of origin, sex, religion or political opinion shall not, by reason only that he is such a person –
- be subjected either expressly by, or in the practical application of, any law in force in Nigeria or any executive or administrative action of the government, to disabilities or restrictions to which citizen of Nigeria of other communities, ethnic groups places of origin, sex, religions or political opinions are not made subject; or
- be accorded either expressly by, or in the practical application of, any law in force in Nigeria or any such executive or administrative action, any privilege or advantage that is not accorded to citizen Nigeria of other communities, ethnic groups, places of origin, sex, religions or political opinions.”
Also note that Governor Bala Nggilari was never invited to any meeting and he was not allowed to make representation to any organ of the Party before a decision affecting his right was taken. This is contrary to section 36 (2)(a) of the 1999 Constitution of the Federal Republic of Nigeria (As amended) which states as follows:
“36 (2) Without prejudice to the foregoing provisions of this section, a law shall not be invalidated by reason only that it confers on any government or authority power to determine questions arising in the administration of a law that affects or may affect the civil rights and obligations of any person if such law-
- provides for an opportunity for the person whose rights and obligations may be affected to make representations to the administering authority before that authority makes the decision affecting that person;”
From the above, you will see that the purported official position of the National Working Committee of your Party to scheme our client out of the gubernatorial race on account of his ethnic background (Adamawa North) is illegal, unconstitutional, null and void.
Besides, he is not estopped from challenging that initial agreement between aspirants since he was never part of it.
In view of the above, kindly take note that this is an official complaint to seek a reversal or redress of your purported zoning arrangement in Adamawa State regarding the governorship primaries of the PDP.
Because of time constraint, we kindly request that you should address these issues within 48 hours of the receipt of this complaint. If you fail, refuse and/or neglect to act, we may have no option left than to proceed to a court of law to seek redress for Governor Bala Nggilari.
Thank you.
Yours most trusted,
FESTUS KEYAMO, ESQ
Head of Chambers
CC:
- The Members of National Executive Committee
- Secretary, Board of Trustees, PDP
