Comments and Issues
Supreme Court Ruling: APC Lawyers’ And Their Tower of Babel’s Construal
By Ifeanyi Izeze
The Supreme Court in its ruling on the Ondo sate governorship election had by a narrow split decision (4-3) held that Governor Rotimi Akeredolu cannot be removed as governor of Ondo State. Legal pundits however pointed out that the little technical point that saved Governor Akeredolu was that the People’s Democratic Party’s (PDP) candidate, Eyitayo Jegede, failed to join Governor Buni in the suit.
Jegede was challenging the competence of Governor Mai Mala Buni-led APC interim management committee as a sitting governor to run the affairs of the APC as Chairman of the Caretaker Committee. He argued that this is against section 183 of the 1999 constitution which states that a sitting governor shall not, during the period when he holds office, hold any other executive office or paid employment in any capacity whatsoever.
Whether anybody wants to hear this or not, wishing away the fact that the Supreme Court verdict as pertains to the legality of the Governor Buni- led committee and all it activities has grossly worsened the in-house fight in the ruling All Progressive Congress (APC) party, is nothing but self deceit and at worst outright delusion.
All sorts of lawyers in the party, some Senior Advocates and most, accomplished legal luminaries, have been giving their diverse and most times incompatible interpretations majority of which borders on self-preservation and/or justification.
The first salvo was thrown by the Minister of State for Labour, Festus Kyamo who posited in a statement he issued that following the court ruling, “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.
“Any other person affected by the actions of the Buni-led Committee will henceforth not fail to join him in any subsequent case in court. These includes any subsequent election matter in any part of this country and all the APC Congresses that are about to hold.
“The judiciary will subsequently destroy the entire structure of the Party from bottom to top.
“We are lucky the Supreme Court has just given us a great and useful hint to save our Party just before the beginning of our Congresses. We cannot gamble with this delicate issue. The time to act is now.”
To him, the National Executive Council (NEC) of the Party should urgently meet and consider reconstituting the CECPC committee to exclude not only Gov. Buni, but anyone holding any executive position in any government establishment as stipulated in Article 17 of the APC Constitution.
As Keyamo noted in his statement, “had Buni been joined in the suit, the story may have been different today as we would have lost Ondo State to the PDP”.
To other members like Keyamo therefore, the party should do away with the Buni-led committee to pave way for a constitutionally recognized leadership that will organize congresses and conduct elections into the various offices in the party.
However, another APC chieftain and former Senator, Magnus Abe (Rivers Southeast) was quick to caution Keyamo that self immolation is not the option for APC.
As said by Abe, “The Buni- led caretaker committee in the determined effort to reposition the party and carry out its difficult assignment, has adjusted the seating arrangements in a lot of states and this may explain the stand that some party leaders will take on this issue. But it is important that we deal with facts and the law.”
According the statement by the former senator, “The Supreme Court ( according to keyamo’s write-up) held that Buni was not a party to the case and so his status was not determined in the case of Jegede Vs Akeredolu.
“It is therefore shocking that any legal practitioner will on the basis of that judgement reach the conclusion that the Supreme Court has already decided that chairmanship of a committee constituted by the National Executive Committee of a political party constitutes paid employment or an executive position as stated in section 183 of the constitution.
“Any member of the party who is emboldened by Barrister Keyamo’s interpretation of Jegede Vs Akeredolu to challenge the legality of the caretaker arrangement of our party on that basis may do so, but the litigant will of course bear the burden of proof, and the party should be ready to defend its own position based on the evidence.”
Speaking out the minds of the two opposing divide in the ruling party, the two parallel views canvassed by both Keyamo and Abe are at best an exercise in self preservation representing the two prominent and opposing divide in the ruling party.
The position of Keyamo should not be a surprise since the Minister is clearly an interested party in the current scenario playing out.
Both Abe and Keyamo belong to the same fate and similar receiving ends in Rivers and Delta state APC respectively though with different coordinates in factional loyalty at the centre.
Don’t forget that Keyamo is interested in the governorship race in Delta state and his chances with the current leadership are very low. He would therefore be interested in the removal of the committee led by Buni, since it appears Senator Omo-Agege, another APC chieftain in Delta state has the upper hand in the scheme of things in the state under the dispensation of the Buni-led committee.
Take note also that Senator Abe is interested in the Rivers state governorship race and had to take appropriate stance to justify his interest (s) against the camp of the Minister of Transportation, Chibuike Amaechi that has continued to pose as a stumbling block the political aspirations of his erstwhile friend and very close political associate.
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. This is Senator Abe’s believe.
As the Rivers former senator said, “For example in Rivers State, the party in response to the report of its own membership registration and revalidation committee report publicly directed that membership registration and revalidation to resume in Rivers State. Two separate committees and directives were given, both were publicly disobeyed and yet the party did nothing, rather sham ward congresses proceeded as if there are two separate political parties saying different things.
“Even when members were openly disenfranchised the party said nothing and appeared helpless in a situation in which ordinary members of the APC were being publicly maltreated. Forms were issued in bulk to one group, the other group was made to sleep over night in front of the APC secretariat and given one hundred forms.
“This issue of justice, equity and lack of respect for our members and their rights is a greater danger to the APC in Nigeria than the threat of litigation over Governor Buni. The party is nothing without justice. It is time for us as a party to stop worrying over what others will do instead let us worry about what we are doing.
Whether they want to hear it or not, the Supreme Court ruling on the Ondo governorship election has again changed the dynamics and makes the APC 2023 presidential race very unpredictable. Even governorship aspirations in various states are definitely going to be changed by the unfolding drama following the court ruling. And it will be very interesting to see how events unfold within the party from now on especially as pertains to the power shift and zoning quagmire.