Court upholds party zoning
The controversial zoning arrangement of the Peoples
Democratic Party (PDP) took another dimension yesterday when an Abuja
High court ruled that the constitution of the party recognizes the
principle of zoning and rotation of party and elective offices,but it
is wrong to claim that the North is entitled to bear the party’s
presidential ticket in the 2011 presidential polls.
Delivering judgment on the matter, the Chief Judge of
the High Court of the Federal Capital Territory (FCT), Lawal Gummi held
that nomination of presidential candidate of the party is within the
realm of its domestic affairs and as such, not judiciable.
“The provision of Article 7.2 (c) of the 1st
defendant’s constitution 2009 as amended recognizes the principle of
zoning and rotation of party and public elective offices,” he said.
“The said article is subsisting and binding on the party, its organs
and members but I am unable to make a declaration that the North is
entitled to bear the presidential ticket of the 1st defendant for two
consecutive terms. i.e. 2007 and 2011 respectively as the South did in
1999 and 2003 same being a political question and therefore not
justiciable.”
Specifically, he said there is no ambiguity in the
wordings of Article 7.2 (c) of the PDP constitution that can generate
unnecessary controversy, adding that the article provides that: “In
pursuance of the principles of equity, justice and fairness, the party
shall adhere to the policy of rotation and zoning of party and public
elective offices and it shall be enforced by the appropriate executive
committee at all levels.
“Though PDP’s constitution recognizes zoning and
rotation, it is an internal matter for the party to determine and
decide how and to where the zoning is done as forcing a political party
to sponsor candidates from a certain zone in the country will amount to
delving into the internal affairs of the party”.
Internal matter
Mr Gummi noted that the court’s attitude is to
interpret the words of a statute or instrument,not to force a politcal
party to sponsor candidates from a certain zone in the country , he
said , doing that will be delving into the internal affairs of the
party which is not the the duty of the judiciary.
“If a party’s constitution makes a provision as to
how its affairs should be run, it must be run in that manner and the
court is duty bound to ensure that the party complies with its
constitution’s requirement’’.
“I also refuse to make a declaration that the 1st
defendant will be in breach of its constitution if it sponsors a
southern presidential aspirant where the North has not exhausted its
two consecutive two terms as the constitution does not provide for such
specific arrangements”, he said.
It would be recalled that Sani Aminu Dutsinma had dragged the ruling
party and its National Chairman, Dr. Okwesilieze Nwodo, before the
court challenging the party’s stand on the controversial zoning of the
presidency.
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