The All Progressives Congress (APC) has called for an “emergency press
conference” following the Supreme Court’s judgment on the Ondo state
governorship election.
This is likely an indication that
an emergency meeting has been held by the party’s executive.
In the invitation sent to
journalists on Thursday, Edegbe Odemwingie, assistant press director of the
APC, said “emergency press conference holding today at the APC national secretariat
by 9 am prompt”.
The Supreme Court in its judgment on Wednesday affirmed the election of Rotimi Akeredolu as Ondo state governor.
But what some did not anticipate
was that Akeredolu will win by a narrow split decision of 4:3 in the seven-man
panel of justices.
JEGEDE’S CASE
Eyitayo Jegede, candidate of the
Peoples Democratic Party (PDP), and the party itself had lost their petition
against Akeredolu and the APC at the election petition tribunal.
The tribunal dismissed the joint
petition, Jegede and the PDP lodged against the declaration of Akeredolu of the
APC as the valid winner of the Ondo gubernatorial contest.
Jegede and the PDP had in their
case, queried the legal validity of Akeredolu’s nomination by the national
caretaker committee of the APC headed by Mai Mala Buni, Yobe governor.
They specifically asked the court
to determine whether Buni, as a sitting governor, could double as national
chairman of the APC to sign Akeredolu’s nomination form for the governorship
election.
According to section 183 of the
Nigerian constitution, “the governor shall not, during the period when he holds
office, hold any other executive office or paid employment in any capacity
whatsoever”.
However, Theresa Orji-Abadua who
led the appeal court panel dismissed their case.
Although the appellate court
acknowledged that the issues raised by the appellants had constitutional
implications, they, however, failed to join Buni as a party in the matter.
SUPREME COURT
The appellants further appealed
to the apex court seeking to determine whether it was of necessity to join Buni
in the suit considering the immunity provided for governors in section 308 of
the 1999 constitution.
In their split judgement, four
members of the apex court panel led by Emmanuel Agim agreed that the
non-joinder of Buni rendered the appeal incompetent.
But three other justices led by
Mary Peter-Odili, had a contrary view.
The three justices said since the
APC, for which Buni acted, was a party in the case, there was no need to
include him as a necessary party in the appeal against Akeredolu.
IMPLICATION OF THE JUDGMENT ON
THE APC CONGRESS
Already, the APC has approved the
schedule for its 2021 congresses in all states of the country and the federal
capital territory (FCT). The congress is where the party elects its wards,
local governments and states officials.
The caretaker extraordinary
convention planning committee (CECPC) is headed by Buni.
Going by the just delivered
judgment, any election done by the Buni-led committee can be challenged in a
competent court of law by opposition parties.
What this means going forward is
that any other person affected by the actions of the Buni-led committee will
not fail to join him as a party in any subsequent case in court. This includes
future elections in any part of the country and all the APC congresses that are
about to take place.
It is of note to state that
Article 17 (iv) of the APC constitution states that “no officer in any organ of
the Party shall hold executive position office in government concurrently”.
Abubakar Sani Bello, Niger state
governor, and Isiaka Oyetola, Osun governor, are members of the Buni-led
caretaker committee.
KEYAMO ASKS PARTY TO SACK BUNI
In a leaked letter to the party,
Festus Keyamo, minister of state for labour and employment, asked the party to
immediately suspend the planned congress as it will be an exercise in futility.
He said: “The supreme court has
just weaponised all those that would be aggrieved by the APC congresses to
proceed to court to challenge the competence of the Buni-led CECPC to organise
the congresses and national convention. The judiciary will subsequently destroy
the entire structure of the Party from bottom to top.”
Keyamo advised that to avoid a
wave of legal battles, the APC has the option of excluding not only Buni, but
anyone holding any executive position in any government establishment from the
caretaker extraordinary convention planning committee (CECPC) as stipulated in
Article 17 of the party’s constitution.
“Under Article 25 of the APC
Constitution, it is the national chairman or two-thirds of members of NEC that
can summon an NEC meeting. Since we cannot vouch for the legality of any NEC
meeting summoned by Mai Mala now, the safest is to get two-third of NEC members
to sign an Invitation to summon a NEC meeting where the CECPC would be
reconstituted and our party would be safe,” the senior advocate said.
“Alternatively, the board of
trustees of the party, which includes Mr President, can be activated to
organise a national convention in line with Article 13 of the APC Constitution
where it is given such powers.
“Those powers can be delegated at
the meeting to a committee in line with the APC Constitution which will run the
party and plan the convention. The new exco can then plan for congresses.”
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