Wole Afolabi, lawyer to Victor Giadom the claimant to the chairmanship of the All Progressives Congress said his client’s suspension by the Rivers State branch was contemptuous of the FCT High Court.
The Rivers State chapter had on Sunday suspended a former Deputy National Secretary for allegedly violating the party’s constitution.
Media adviser to the Acting Chairman Igo Aguma, Livingstone Wechie said in a statement that the suspension followed a report of a fact-finding committee.
“The committee recommended that Victor Giadom be immediately suspended from the party and every party activity for his numerous infractions of the party constitution and conduct, which have brought the party into irredeemable disrepute.
“That Victor Giadom should immediately write a letter of apology to the party and the same should be published in three national newspapers.
“The Committee report, which was presented to our state Executive Committee meeting, was accepted and adopted as the position of the APC in Rivers State.”
But Afolabi said that by attempting to suspend Chief Giadom from the party, the characters involved are trying to force a fait accompli on the court and thereby tie the hands of the court.
He claimed Giadom remains the acting chairman of the APC.
Afolabi, however, did not react to the sack of Giadom by the party, following his 2018 resignation to contest the governorship election in Rivers.
He also did not respond to the nomination by Rivers APC of Worgu Boms, a former attorney-general of the state to replace Giadom as deputy national secretary.
“Our attention has been drawn to a statement purportedly issued by a Livingstone Wechie, Media Adviser to the APC Rivers state Chairman, Chief Igo Aguma to the effect that the Acting National Chairman of APC, Chief Victor Giadom has been suspended from the Party.
“We wish to state that the statement and the purported expulsion were done contemptuously of the order of the FCT High Court issued on 16th of March, 2020, by Hon. Justice S.U Bature in Suit No. FCT/HC/M/6447/2020 which imbued Chief Victor Giadom with the authority to act as the National Chairman of the Party following the suspension of Adams Oshiomhole as the National Chairman.
“The law is trite that a member of a political party cannot be suspended from the party while he’s in court asserting a vested right as a member of the party. By attempting to suspend Chief Giadom from the party, the characters involved are trying to force a fait accompli on the court and thereby tie the hands of the court.
“Similar conduct orchestrated by the PDP to expel RT. Hon. Amaechi from the party, while he was in court challenging the results of the Rivers State Governorship election, was condemned and rejected by the Supreme Court.
The purported expulsion of Chief Giadom is ineffective and contemptuous.
“We hereby urge INEC, law enforcement agencies and the general public to disregard the news of the purported expulsion of Chief Victor Giadom.
“In line with the provisions of the Constitution of the APC, as affirmed by the Order of S.I.U. Bature J. and a plethora of legal authorities, Chief Victor Giadom remains the Acting National Chairman of the APC.
Meanwhile, APC National Vice Chairman (Northeast), Salihu Mustapha has said Giadom did not resign but was given a waiver to contest the deputy governorship election last year”.
He said the National Working Committee (NWC) gave Giadom a letter when he returned after the election.
But the National Publicity Secretary, Mallam Lanre Issa-Onilu, faulted Mustapha’s claim.
He said: “These two letters are invalid. They are as useless as the paper they are written on because neither the Chairman nor the NWC has the power to grant a waiver on such issue.
“There is no such provision in our constitution. If the Chairman has given such a letter, it is irrelevant and invalid.”
Mustapha said Giadom was on September 14, 2018, granted a waiver in a letter signed by suspended National Chairman Adams Oshiomhole under Article 31 of the APC constitution.
Mustapha said the alleged move to replace Giadom with Mr Worgu Boms had no legal basis.
“I will not be a party to any injustice irrespective of who it’s meted on. The same way I didn’t support the ousting of the National Organising Secretary and the Publicity Secretary, I will not accept that of Mr Giadom.
“We are all colleagues; we should be more focused on reconciliation, not baseless witch hunts,” he said.