Is Expulsion Of Amaechi’s Loyalists Constitutional?

All is truly not well with the Rivers State chapter of Peoples Democratic Party (PDP) to which I now refer as “palaver house” given the deepening political crisis rocking the party. The Felix Obuah-led executive of the party with the support of Minister of State for Education, Barr. Nyesom Wike has been doing everything possible to destabilise the Amaechi administration using their contacts at all levels. Of course, the Minister of State for Education had reportedly said that he would make the state ungovernable which elicited reactions from individuals and groups, calling on the police authorities to arrest and prosecute him for “openly threatening the lives of Rivers people , peace and security of the state.”

Political observers are of the view that the primary objective of the Felix Obuah-led executive of the state PDP is to wrest power at all cost from Governor Amaechi. To this effect, it has been fighting dirty since it came on board via an Abuja High Court judgment, thus, heating up the polity. The various courts in the land are replete with litigations arising from the actions of the Felix Obuah-led exco, ranging from suspension to outright expulsion of members of pro-Amaechi group.

A week ago, the Felix Obuah-led exco expelled 18 associates of Governor Amaechi for failing to appear before Osinakachukwu Ideozu-led committee on Performance Evaluation of political office holders, elected and appointed on the platform of PDP in Rivers State. Those expelled include former Deputy National Chairman of the party, Dr Sam Sam-Jaja, Secretary to the State Government (SSG), George Feyii, Chief of Staff, Government House, Tony Okocha and the Adminsitrator of Greater Port Harcourt City Development Authority, Dame Aleruchi Cookey-Gam.

Fourteen commissioners were also expelled, namely, Victor Giadom (Works), Augsutine Wokocha (Power), Worgu Boms (Attorney-General and Commissioner for Justice), Joe Poroma (Social Welfare and Rehabilitation), Ezemonye Ezekiel-Amadi (Lands and Survey), Fred Igwe (Sports), Emmaunel Chinda (Agriculture), Joeba West (Women Affairs), Patricia Simon-Hart (Water Resources and Rural Development), Okey Amadi (Energy), Charles Okaye (Chieftaincy Affairs), Nnabuike Imeagwu (Culture and Tourism) and Samuel Eyiba (Local Government).

However, we must pause and  take a  critical look at the relevant provisions of the PDP constitution for the justification or otherwise of the extreme punitive measure meted out to Governor Amaechi’s associates. Article 21.4 of the PDP constitution states: “The Working Committee at any level of the party may after preliminary hearings, suspend a member from the party for a period not exceeding one month during which period the member so suspended shall not lose his or her right to contest any election but shall be referred to the appropriate disciplinary Committee.”

Article 21.5 states: “Where an allegation is made against a member of the party, the Disciplinary committee shall inform the member in writing  of the allegations made against him or her.”

Article 21.6 states: “A member who appears before a Disciplinary Committee shall be given the opportunity to present his or her case orally or in writing either in person or through a counsel of his or her choice and shall be allowed to call witnesses. A decision taken against a member who has not been informed of the charges against him or her or has not been given any opportunity of defending himself or herself shall be null and void.”

Did the Felix Obuah-led exco adhere to the constitutional provisions before wielding the sledge hammer on Governor Amaechi’s associates? Hear Hon Obuah: “The refusal of the 18 affected persons to send in written reports of their steawardship, if they were not chanced to put up appearance, despite the well-published sitting arrangements of the committee is considered as an affront, insubordination and lack of respect for constitutional authority.”

“The committee duly notified all concerned and was willing to accept any written report from such persons where necessary, but did not receive any supervening circumstance that made it impossible for any of them to honour the invitation.

“We had no choice, but to show them the way out of the party, because we cannot continue to operate in this disorderly manner, being a serious and disciplined political party.”

From the fore-going, it is very glaring that the expulsion of the 18 members of the party was not in line with the PDP constitution.

The affected members ought to have been suspended and informed in writing about their offence and also given the opportunity to defend themselves before the party could take further action against them. Again, Obuah explained that the PDP members who did not appear before the committee escaped sanction because they got in touch with the party leadership and the committee, but most importantly, sent in documentation of their performances. But the nine commissioners in Governor Amaechi’s cabinent that were left out had debunked the claim that they participated in the Performance Evaluation exercise. They said that it was a ploy to create disaffection among members of pro-Aamechi group. However, the onus of proof lies with the Felix Obuah-led executive so as to absolve the party of nefarious contrivance to cause confusion in Governor Amaechi’s camp.

More worrisome is the fact that the case between Amaechi and the PDP Performance Evaluation Committee is before a State High Court in Port Harcourt presided over by Justice Silverlyn Iragunuma, prior to the announcement of the purported expulsion. In an interview with a national daily recently, the Counsel to Amaechi and 27 lawmakers in the State Assembly who are loyal to him (Amaechi), Emenike Ebete had explained that the suit before Justice Iragunuma (a vacation court) was the same suit in which the governor, members of the National Assembly and council chairmen were seeking injunction to stop the Performance Evaluation committee from assessing them.

He said that the court had already granted Amaechi the leave sought to serve all processes ofhis ex-parte application on the PDP national secretariat by registered post while that of the State PDP should be served by posting.

If so, there is more to the expulsion which was hurriedly slammed on the 18 associates of Governor Amaechi. According to Chief of Staff, Government House, Chief Tony Okocha, “what they are planning is to use fake delegates for the mini-convention of the PDP that is coming up this weekend.  Could that be the reason?

Again, why is the national leadership of the  party unperturbed about the crisis in the State PDP. Rivers State is predominantly a PDP State and returned the highest votes for Mr President in 2011 general elections. Is it that the party is ready to forgo over two million votes because some political opponents within the party want to destroy Governor Amaechi for his unwavering commitment to democratic ideals and rule of law? Governor Amaechi is an asset to PDP and deserves every modicum of respect from the party members, including Felix Obuah-led executive. Rather than making inflammatory utterances and taking actions that will impact negatively on the political fortune of the party, Obuah should take advantage of the reconciliatory efforts by the national leadership of the party to restore peace in his “palaver house.”