The legal status of the All Progressive Congress (APC) Caretaker Chairman sparked another row yesterday.
Immediate Past APC National Legal Adviser, Babatunde Ogala (SAN), said the party’s caretaker committee remains illegal.
The Delta APC Leaders Council, led by Minister of State for Labour and Employment, Festus Keyamo (SAN), faulted the party for going ahead with the congress, saying it was “a gamble taken too far”.
But, a member of the Caretaker/Extraordinary Convention Planning Committee (CECPC) representing Northwest, Senator Abba Alli, said concerns over Buni’s status were unfounded.
Also, a former senator representing Rivers Southeast, Magnus Abe, believes the Supreme Court judgment in Jegede vs Akeredolu rather strengthened Buni’s position.
They were reacting to the Supreme Court judgment in the case of Eyitayo Jegede vs Oluwarotimi Akeredolu.
Jegede had challenged Ondo State Governor Akeredolu’s election on the basis that his nomination by the APC under the leadership of Yobe State Governor Mai Mala Buni was invalid because the governor is barred from holding another office.
Justice Emmanuel Agim, in the lead decision, held that Jegede failed to join Buni in the petition, which, he said, rendered the appeal incompetent.
In the dissenting verdict, Justice Mary Odili upheld the appeal, saying the non-inclusion of the APC chairman in the matter could not render it nugatory.
She held that since the APC was a party to the case, there was no need to include its chairman.
There are fears, as first raised by Keyamo, that the APC congresses could be rendered invalid with Buni still at the helm of affairs.
Ogala: caretaker committee illegal
Ogala called for the reinstatement of the dissolved elected structures, from the National Executive Committee (NEC) to ward executives.
He believes it would be wrong for the party to disregard the minority opinion, especially as the majority verdict rested its decision on a technical point.
He said in a statement: “The technical point which is non-joinder can be cured in any subsequent suit and that is why the failure of the majority decision to directly disagree with the substance of the minority decision presents an existential threat to the APC.
“The court gave a hint by the silence of the majority and a wink by the decision of the minority.”
The Senior Advocate said those who compare APC to a club or an association of elected officers miss the point completely.
He argued that the APC is a constitutional and statutory entity provided for in sections 221, 222 and 223 of the 1999 Constitution (as Amended).
“The apex Court has not left anyone in doubt except those who choose to ignore them. In the light of the foregoing, how do we proceed as a political party?
“I hold the view that the untenable position of Governor Mai Mala Buni as de facto APC National Chairman is the smallest of APC’s problem.
“The bigger issue is the fact that the entire caretaker committee structure is unconstitutional as it runs counter to the spirit of Section 223 of the 1999 Constitution which mandates political parties to have only democratically-elected leadership,” Ogala said.
Ogala referred to a Supreme Court authority of Governor Ekiti State & Ors V Prince Sanmi Olubunmi & Ors (2016) 3 NWLR (Part 1551) to the effect that caretaker committees could not replace democratically elected officers as contemplated by Section 7 of the 1999 Constitution.
He said: “Therefore, without a doubt, APC must use this opportunity to correct all mistakes by going back to that dissolution of its National Working Committee and all democratically built structures and re-instate the democratically elected NWC members, and other structures of the party.
“I implore us to adopt the admonition of the Attorney-General of the Federation, Abubakar Malami, SAN to Oyo State Governor on the dissolution of democratically elected structures of the local governments in the state in contravention of Section 7 of the Constitution and which said admonition was given an imprimatur by the Supreme Court in dealing with our own current challenge.
“Sections 7 and 223 of the Constitution are almost on all fours that only democratically elected leadership shall be vested with responsibilities for the management of affairs of local governments and political parties.
‘Ward congresses a gamble taken too far’
The Delta APC leaders Council described “as wrongful and potentially disastrous” the decision by the party to go ahead with the nationwide ward congresses which held weekend.
It said it had informed Delta State APC party members to boycott the ward congress.
The group’s position is contained in a statement by its chairman Keyamo (SAN) and Co-chair, Dr Alex Ideh.
The Council said the technicality-based majority judgment in the Supreme Court case between Jegede and Akeredolu was a narrow escape for the party.
The statement reads: “We hereby categorically state that we have since informed all party members to boycott the said ward congresses as same is devoid of any legitimacy in both procedure and substance as it relates to the guidelines (and in the face of the Supreme Court judgment, the legitimacy of those Guidelines may be called to question later).
“On another hand, the said fatal decision to go ahead with the said ward congresses was made without consideration to the fact that same was already procedurally botched in Delta State and many other states as well, where pockets of court litigations have already been set in motion.
“In particular regard to our dear Delta, the events have been particularly an embarrassment. Thousands of party faithful made payments worth millions of naira to the provided party accounts within the timetable stipulated in the guidelines but were not issued with forms.”
Buni’s position is secure, says Abe
The former Senator representing Rivers Southeast, Magnus Abe, said the Supreme Court judgment in Jegede vs Akeredolu rather strengthened Buni’s position.
In a statement yesterday, Abe noted that the judgment ended the controversy over the propriety of Buni’s appointment.
He noted that it is now clear that the APC Acting Chairman’s competence in relation to Section 183 of the 1999 Constitution (as amended) cannot be decided in any case in which Buni is not a party.
“Section 308 of the Constitution (as amended) states clearly that no civil or criminal proceedings can be instituted or continued against a serving governor, neither can any legal processes or summons be issued against the governor in any guise whatsoever.
“By holding that Buni in person and not the APC alone will have to be a party to a suit in which this matter will have to be decided, the Supreme Court has already decided that the matter cannot be adjudicated upon until the 29th of May, 2023, when the immunity conferred by the constitution on Buni will expire,” Abe argued.
He maintained that in any lawsuit anywhere in the country where the matter is brought up, the APC only has to cite the case where the Supreme Court said that Buni has to be a party and Section 308, where the constitution says he cannot be a party.
While reiterating that there is no threat to the APC, Abe stressed that by May 2023 when Buni’s immunity will expire with a new government and a new party leadership long in place, the matter will be largely academic.
“The CECPC should proceed without fear to discharge its mandate to all party members and do what is right.
“The greatest challenge facing the party today is not the threat of litigation but the inability of the party to stand up to its godfathers and protect the rights of its members across the country who are daily being openly oppressed and denied their rights and privileges while the party appears helpless,” he noted.
Alli: Fears unfounded
Senator Alli, who spoke with reporters in Katsina, said nothing done by the party under Buni’s leadership can be invalidated.
He said: “The fears of party members and concerned Nigerians over holding the ward congress despite recent Supreme Court ruling on Ondo State Governorship election is unfounded.
“The APC leadership sought extensive legal advice from its counsel and other legal opinions before going ahead with the congresses.”
“We did not just decide to hold the ward congress despite the Supreme Court ruling. We sought necessary legal advice on the issue even before the ruling.
“Don’t forget, we who are members of the National Caretaker Committee are not salaried members or executives.
“The ward congress that was held on Saturday and the recently held party registration/ validation for our members also showed that we are fully ready for the 2023 general elections.”
The Nation
