Violation of due process: Former Benue governor Samuel Ortom gives PDP 48-hour ultimatum to apologize

DDM News

Former Benue State Governor Samuel Ortom has accused the Peoples Democratic Party (PDP) of violating due process and has demanded an apology.

According to Diaspora digital media (DDM), Ortom issued a 48-hour ultimatum to the party following a public notice by the Tom Ikimi-led National Disciplinary Committee, announcing an inquiry against him.

His legal team, led by C.T. Mue Esq., stated that the announcement violated Section 57 of the PDP Constitution 2017 (as amended).

The letter also cited a violation of Section 24 of the Cybercrimes (Prohibition, Prevention, etc.) Act 2015, which has caused reputational harm.

According to Ortom’s lawyers, the PDP Constitution requires formal notification before disciplinary action, which was ignored in this case.

They argued that the National Disciplinary Committee lacks the jurisdiction to investigate Ortom under Section 57(7) of the PDP Constitution.

The letter stated, “We represent Dr. Samuel Ortom, and we formally demand a retraction of the press release issued on February 5, 2025.”

It emphasized that the public notice caused reputational damage and violated key legal provisions protecting PDP members’ rights.

Violations cited in the letter

The legal team highlighted three major violations committed by the National Disciplinary Committee in handling the case.

Violation of Section 57(4) of the PDP Constitution

The PDP Constitution mandates that members accused of wrongdoing must be formally notified in writing before any announcement.

Despite this requirement, the press release was issued without informing Ortom of the allegations or inviting him for a hearing.

His lawyers described this omission as a gross violation of the party’s constitutional provisions on disciplinary procedures.

Violation of Section 57(7) of the PDP Constitution

This section states that only the National Executive Committee (NEC) can handle disciplinary matters involving NEC members, deputy governors, or lawmakers.

Ortom, who falls under these categories, should not be subject to National Disciplinary Committee proceedings, making the inquiry procedurally defective.

The lawyers insisted that the committee had no legal authority to discipline their client, reinforcing another violation of due process.

Violation of Section 24 of the Cybercrimes Act 2015

Ortom’s legal team accused the PDP of breaching the Cybercrimes Act by publishing misleading information that harmed his reputation.

Section 24(1)(b) of the law criminalizes the intentional transmission of false or misleading information that damages an individual’s image.

By making unverified allegations public, the National Disciplinary Committee allegedly committed another violation with legal consequences.

Demands for apology and retraction

Ortom’s lawyers outlined three key demands in response to the violations committed by the PDP.

1. The National Disciplinary Committee must withdraw the press release issued on February 5, 2025.

2. The committee must issue a written apology to Ortom within 48 hours of receiving the demand letter.

3. The PDP must cease further public comments on the matter until Ortom is formally notified of any allegations.

Failure to comply will force Ortom to take legal action, including a defamation lawsuit and a petition under the Cybercrimes Act.

Benue PDP challenges validity of petition

The Benue State Chapter of the PDP has also questioned the legitimacy of the petition filed against Ortom.

In a letter to the National Disciplinary Committee, Benue PDP Chairman Hon. Ezekiel Adaji raised concerns about the petitioners’ identities.

He stated that the petitioners had not identified themselves as PDP members and had provided no evidence of membership.

Adaji further noted that the allegations lacked supporting materials such as pictorial, voice, or video evidence of anti-party activities.

He argued that the petition should not proceed unless the petitioners prove their PDP membership and provide credible evidence.

Benue PDP proposes procedural adjustments

The Benue PDP Chairman suggested adjustments to ensure fairness in handling the petition.

1. The National Disciplinary Committee should reschedule the hearing and provide adequate notice to allow the accused to prepare.

2. Petitioners should submit proof of PDP membership to confirm their right to file complaints within the party.

3. The petition should include concrete evidence, such as documents, videos, or audio recordings, to substantiate the claims.

Adaji reaffirmed Benue PDP’s commitment to working with the National Working Committee (NWC) to strengthen the party’s structure.

Background: Allegations of anti-party activities

The controversy surrounding Samuel Ortom dates back to the 2023 general elections, when he supported opposition candidate Bola Tinubu.

Ortom, along with a group of PDP governors, openly backed Tinubu, who was the candidate of the All Progressives Congress (APC).

Some PDP members viewed this as anti-party activity, leading to tensions within the party.

This history of political realignment has fueled speculation that the current petition is a retaliatory move against Ortom.

PDP faces legal and internal pressure

The violations alleged by Ortom’s legal team and concerns raised by the Benue PDP chapter have put the party in a difficult position.

If the National Disciplinary Committee fails to retract its press release, the case may escalate to a legal battle.

A defamation lawsuit could further complicate the party’s internal stability and raise questions about its disciplinary procedures.

As the 48-hour deadline approaches, the PDP faces a crucial decision on how to handle the violations and internal disputes.

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