•Why power blocs hold varied interpretations of Supreme Court judgment
As internal wrangling continues to polarise the ruling party, eliciting varied interpretations of the Supreme Court judgment from the party’s chieftains, stakeholders within the political sector of the country are suing for peace from
both sides of the divide ahead of the party’s national convention. IMOLEAYO OYEDEYI reports.
The ruling All Progressives Congress (APC) has been embroiled in internal wrangling since the ruling of the Supreme Court affirming the process that threw up Rotimi Akeredolu as the candidate of APC in the Ondo State governorship election. In the suit filed by the governorship candidate of the Peoples Democratic Party (PDP), Eyitayo Jegede, the validity of the process superintended over by Yobe State governor, Mai Mala Buni, was questioned by Jegede and his party, PDP. Their argument was that the process violated APC’s own law as Buni has no such constitutional power to sign the nomination form of his party’s candidate.
The Supreme Court ruling has since become subject of debate among the stakeholders as many of them weigh up the chances of their party in forthcoming elections and the implication of the judgment on its future activities. In other words, while some stakeholders are afraid that the recent apex court judgment will have serious implication for forthcoming national convention of the party and their scheming for 2023 elections, many others nurse no such fears, as they believe the party, going forward, needs more of internal cohesion than allowing division within its ranks.
While stakeholders like the Minister of State for Labour and Employment, Festus Keyamo and the Vice-President Yemi Osinbajo have warned the APC of imminent legal tussles in view of the Supreme Court rulings if Buni continues to call the shots as head of the interim committee, many other equally influential party leaders like Mamman Tahir and Niyi Akintola, both Senior Advocates of Nigeria (SAN), Deputy Senate president, Ovie omo-Agege (another lawyer) who have reassured that having Buni in the saddle has no legal implications and that all is well with the ruling party.
A Villa source said: “The VP is of the firm view that the Supreme Court ruling last week is a clear legal ditch which is best avoided. He wants to ensure that the interest of the party is what is paramount, hoping that all stakeholders would eventually find a way in the interest of Nigerians who have reposed so much confidence and support in the party.”
Osinbajo is not alone in the note of caution, as Keyamo is also of the opinion that the judgment is a time bomb should Buni be allowed to superintend over the congresses that will produce a new set of executives who choose the party’s candidates for various posts in 2023.
“The little technical point that saved Governor Akeredolu was that Jegede failed to join Buni in the suit. Jegede was challenging the competence of Governor Buni as a sitting governor to run the affairs of the APC as chairman of the Caretaker Committee.
“He contends 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. In other words, had Buni been joined in the suit, the story may have been different today as we would have lost Ondo State to the PDP,” Mr Keyamo had said.
While it is equally noted that the wrangling is not unconnected with power control, these conflicting parties have been divided along the line of those seeking the reinstatement of the sacked NWC without the suspended former national chairman, Adams Oshiomhole and those who want Buni and other incumbent governors removed from the Caretaker/Extraordinary Convention Planning Committee (CECPC). While there are also some members who are calling for total dissolution of the CECPC, some other group believes that in the interest of the party, its affairs should remain as they are believing that unity in the party should be the primary interest of all members.
Ovie Omo-Agege had argued that there is nothing to fear over the apex court judgment. alluding that the controversy being generated over it was part of the struggle for power ahead of the 2023 elections.
According to him, “Mischief makers for obviously nefarious intentions, resort to misinterpret the said judgment vis-a-vis the purport of Section 183 of the 1999 Constitution (as amended), as it affects the APC congresses scheduled for Saturday, July 31, 2021,” he said, arguing that the above stated section of the constitution “only bars a governor from holding executive positions like being a minister, or any other executive positions for which he shall be paid for.»
“It does not by any scintilla of imagination render the appointment of Governor Buni as APC caretaker committee chairman incompetent and will not in any way, affect the legality or competence of the APC scheduled congresses,” Omo-Agege stated.
The court, he stated further, did not consider the issue of the provision of Section 183 of the 1999 Constitution; neither did the majority decision make any comments on the competence of Buni as the chairman of the caretaker committee.
“The appeal was dismissed on the grounds of competence or lack thereof for the non-joinder of a necessary party to the suit at the lower court. Even if the apex court had considered the provisions of Section 183 of the 1999 Constitution, the majority panel would still have dismissed the appeal,” Omo-Agege argued, saying that Buni’s position is not different from that of Kayode Fayemi, Ekiti State governor, who is the chairman of the Nigeria Governors’ Forum. “Can it be said that a state governor who is the chairman of the governors’ forum of Nigeria is occupying an “executive office”? Can it also be argued that the president cannot be appointed as the chairman of the Africa Union?
“There is no law under our legal jurisprudence that bars or prohibits a governor who is a member of a political party and won elections under the political party from carrying out specific assignments on behalf of his party. How this will amount to holding an executive office is beyond every stretch of human comprehension,” he argued.
Throwing their weights in support of Buni, governors elected on the banner of APC said there was nothing to fear about the Supreme Court judgment but rather it had validated the party’s national caretaker committee. Chairman of the Progressive Governors’ Forum (PGF) and Kebbi State Governor Abubakar Atiku Bagudu, in a statement in Abuja, said a lot of the analyses and interpretations of the judgment were made out of mischief. The judgment, he said, had dealt conclusively with legality of the Buni committee, its composition and all its decisions, particularly when the judgment clearly states: «That sponsorship of a candidate in an election is that of the party and not the individual Officer of the party forwarding the name of the candidate.
“That the National Executive Committee (NEC) of the party is empowered to create, elect and appoint Committees (including the instant CECPC) or any other committee it may deem necessary to act in any capacity.”
The PGF had consequently blamed the rumous on elements bent on causing disaffection in the party and thereafter suing for peace and internal cohesion. In the statement, the APC governors further maintained that the judgment is a vote of confidence in the Buni led caretaker committee.
“The Supreme Court upheld further the ruling of the Court of Appeal that ‘it is evident that the said Governor Mai Mala Buni was appointed only in an acting capacity temporarily to temporarily carry out and fill in the seat of the National Chairman of the party pending the elections of new members’. The holding of the Court of Appeal was not appealed against by the appellants, that is, Eyitayo Jegede (SAN), gubernatorial candidate of the Peoples Democratic Party (PDP) in the last election in Ondo State and the PDP. According to the Supreme Court, ‘by not appealing against this holding, the parties herein accept it as correct, conclusive and binding upon them.”
On the way forward, particularly on the issue of the contentious ward congress, CECPC Secretary, Senator James Akpanudoedehe, maintained that there was no going back as the conduct of the recent congresses of the APC remains valid.
The foregoing notwithstanding, there are those calling for caution and warning that the party stands a great risk of frittering its fortunes away in the all-important 2023 elections should the internal conflicts persist urging all gladiators to toe the path of peace in the interest of the party.
From developments in the party as of Friday night, the call for caution seems to have prevailed as an air of uncertainty hangs over the party’s local government congress slated for Saturday, August 14. As of Friday night, the committee for the congress had not been constituted. Also the results of the ward congress, which will form the foundation for the local government congress, are yet to be released. The party’s leadership only on Thursday constituted appeal committees to entertain complaints arising from the ward congress.
The pervading feeling among a section of the party’s hierarchy is that those pushing for Buni’s removal are doing so purely to satisfy their political interests ahead of the 2023 poll.
The Buni-led Committee is believed to have recorded significant milestones in its membership drive, amendment of the party’s constitution, which is now awaiting the approval of the national convention and reconciliation of members, among others.
All eyes are now on the leader of the party, President Muhammadu Buhari, who is seeking medical rest in the United Kingdom. Sunday Tribune gathered that a number of the chieftains of the party, from both sides of the divide, have since literally relocated to London make their cases to the president.
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