A legal practitioner has dismissed a report that his client, Hon. Obinna Oriaku, a member of All Progressives Congress in Abia State, has been expelled from the party, saying that the decision of the disciplinary committee on his client ran foul of the clear provisions of the party constitution.
He said the report was circulated by mischievous people in an attempt to smear his image and his fight against injustice in the party. He expressed his disappointment that instead of building and consolidating towards the general elections,the current APC leadership in the state is interested in sacking committed members.
According to a legal document obtained by our correspondent on Wednesday, there was/is no known complaint against Mr Obinna Oriaku from any member/organ of the party and that he was not invited to appear before any panel and/or disciplinary or fact finding committee of the party before his purported expulsion from the party was announced.
His purported expulsion was faulted through Article 21 (B) of APC Constitution which is the plank upon which the State Disciplinary Committee hinged her powers and recommended for disciplinary actions against any members found culpable.
The document stated that the disciplinary committee’s failure to comply with the letters of the aforesaid Article to the extent that his client was neither invited nor given an opportunity to respond to the purported issues which formed the crux of the allegations against him tantamount to flagrant abuse of power and therefore unconstitutional and unlawful.
It added that the decision of the disciplinary committee on his client ran foul of the clear provisions of the aforesaid constitution.
The rejoinder read in part: re: EXPULSION OF HON OBINNA ORIAKU FROM APC:
DEMAND FOR YOUR OFFICE TO REVISIT AND RESCIND THE UNLAWFUL DECISION
The above subject refers:
We have the instruction of HON OBINNA ORIAKU of Ward 3 Isiala Ngwa South, Abia State otherwise called “our client” to address this complaint to your office as a matter of urgency.
Our client’s instruction to us is that in the morning hours of Sunday 23rd day of October 2022 that he read through the social media a statement signed by (i) The State Chairman (ii) The State Secretary and (iii) The Chairman Disciplinary Committee of APC Abia State purporting to have expelled him from the All Progressives Congress following reports of acts of disobedience and negligence in carrying out lawful directives of the party, unrepentant as well as unremorseful attitude despite several warnings for him to abide by the party’s Constitution.
Our client who was taken aback by the said publication informed us that there was/is no known complaint against him from any member/organ of the party and that he was not invited to appear before any panel and/or disciplinary or fact finding committee of the party before his purported expulsion from the party was announced.
We have read through Article 21 (B) of APC Constitution which is the plank upon which the State Disciplinary Committee hinged her powers and recommended for the discipline of our client and found that the decision of the disciplinary committee on our client ran foul of the clear provisions of the aforesaid constitution. The disciplinary committee’s failure to comply with the letters of the aforesaid Article to the extent that our client was neither invited nor given an opportunity to respond to the purported issues which formed the crux of the allegations against him tantamount to flagrant abuse of power and therefore unconstitutional and unlawful.
Our client’s record as a major/critical stakeholder of APC from his ward 3 in Isiala Ngwa South remains impeccable. He was a governorship aspirant of the party during the Governorship primary election conducted in May 2022 and came second. He was a member of APC National Convention Planning Committee “finance” 2022 and is currently a member of Tinubu/Shettima presidential campaign council. He was also a Commissioner of Finance in Abia State (2015 – 2019) and has used his goodwill to positively influence the membership of Abia APC.
Flowing from the above, WE HEREBY DEMAND that you should rescind the purported unlawful expulsion of our client from the party as your action runs contrary to the clear provisions of the party’s Constitution and regulations.
TAKE NOTICE that if after FOURTEEN (14) DAYS of the receipt of this letter you fail to reverse the purported expulsion of our client and restore all his rights and privileges as a party member, we shall have no other option than to take firm steps including legal redress to protect our client’s reputation which has been severely damaged by your unlawful decision/action. This shall be without further reference to you.
Let wise counsel prevail.
Yours faithfully,
C.C. Uhuaba Esq
Cc:
- The National Chairman
All Progressives Congress
APC National Secretariat
Abuja.
- The National Deputy Chairman (South)
All Progressives Congress
APC National Secretariat
Abuja.
- The National Deputy Chairman (North )
All Progressives Congress
APC National Secretariat
Abuja.
4 Vice Chairman South East
- The National Secretary
- The Chairman South- East
- The Secretary APC Presidential Campaign Council
Abuja.
- The National Organizing Secretary
All Progressives Congress
9.The National Legal Adviser
All Progressives Congress
APC National Secretariat
Abuja.
- The National Woman Leader
All Progressives Congress
APC National Secretariat
Abuja.
