“You lack power to suspend us” – PDP BoT members tell Wabara

Some members of the Board of Trustees (BoT) of the Peoples Democratic Party (PDP) have rejected a communiqué issued after the party’s 83rd BoT meeting, describing it as unconstitutional, illegal and of no effect.

The BoT members conveyed their position in a letter addressed to Adolphus Wabara, former chairman of the PDP board of trustees.

The letter, written through their counsel, C.T. Mue & Associates, faulted paragraph eight of the communiqué, which allegedly announced the suspension of some BoT members and referred them to the National Working Committee (NWC) for disciplinary action.

The lawyers said Article 32(5) of the PDP constitution restricts the functions of the BoT to advisory, moral, custodial, mediatory and harmonising roles.

They argued that the BoT has no constitutional powers to discipline, suspend or remove any of its members.

According to the counsel, any resolution purporting to suspend BoT members is ultra vires, null and void.

The lawyers also cited Article 32(7) of the PDP constitution, which states that only the national convention, acting on the recommendation of the national executive committee (NEC), can remove a BoT member on grounds of infirmity or misconduct.

They said no such recommendation or decision of the national convention exists in respect of their clients, describing the alleged suspensions as a “constitutional aberration”.

The affected BoT members further challenged Wabara’s authority to author or present the communiqué, arguing that his tenure as BoT chairman had expired.

They said Wabara therefore lacked the legal standing to convene meetings, preside over them or issue statements on behalf of the board.

The lawyers added that any meeting held or resolution taken under such circumstances is a nullity and legally ineffective.

They warned that any publication affecting the rights or status of duly appointed BoT members based on the disputed communiqué is unconstitutional, defamatory and actionable.

The BoT members urged the public to disregard the communiqué, saying it emanated from an unlawful authority.

They demanded the immediate withdrawal of the communiqué, a public retraction of the alleged suspensions and a formal acknowledgment that the BoT has no disciplinary powers over its members.

The article was originally published on Politics Nigeria.