Mai Bala Buni, Chairman, National Caretaker Committee of APC.
By Abasifreke Effiong
Legal practitioners in Nigeria are unanimous in their opinion that the congresses planned by the Mai Bala Buni and Senator John Udoedehe caretaker committee of APC would be a nullity.
There are strong indications today that the ruling All Progressives Congress, APC, will suspend its congresses earlier scheduled to commence on Saturday 31st July.
The Supreme Court ruled on Wednesday that the appointment of Governor of Yobe State, Mai Mala Buni, as chairman of the national caretaker committee of the party was in breach of section 183 of the constitution.
A seven member panel of Justices of the Supreme Court ruled in an Ondo state governorship election petition brought before it by candidate of the PDP, Mr. Eyitayo Jegede, SAN, against APC candidate, Mr. Oluwarotomi Akeredolu, that chairman of the caretaker was appointed in violation of the constitution.
The Justices said ‘Section 183 of the constitution prohibits Mai Buni, being the Executive Governor of Yobe State from holding another executive position concurrently.’
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Mr. Buni was appointed chairman of caretaker committee of the APC in June 2020.
Constitutional lawyers have said that the ruling by the Supreme Court in the Ondo state governorship election case has invalidated all decisions, actions and programmes carried out by the APC under Mai Buni.
• The ruling is big problem for APC – Barr. Inem
Barr. Utibe Inem, lauded the Supreme Court ruling, saying that it has expanded legal erudition.
“For a very long time in the Supreme Court of Nigeria, Wednesday was another day the Supreme Court went back to old days of adjudication, when we saw legal artistry, when we saw legal erudition being displayed both by the majority and the minority.”
“We saw them come out in their best, that even the presiding Justice in the panel waited on the minority to give their reasons. The other four Justices also came out with their position which shows where they belonged.”
Barr. Utibe Inem.
“The Supreme Court of Nigeria shows that it is now back to real legal erudition where they now expand knowledge and scope of legal arguments and expand the law. Even when you are in the minority, you see why they stood, if you are in the majority you also see reasons why they stood. And they are all cardinal arguments. It shows that our Supreme Court is up to date in her positions of the law.”
Barr. Inem however said the ruling is a problem to the APC.
“The ruling is a big problem for APC in Nigeria. By the ruling of the Supreme Court, which relied on section 183 of the Constitution, whether he came in under a transitional arrangement or a permanent arrangement, all actions taken by Mai Bala Buni since he came in as caretaker chairman of the APC are null and invalid.”
“Section 183 of the Constitution does not allow one person to hold two executive positions at the same time.”
“All action he has taken, he is holding two offices which are legally backed. One, as chairman of a national party. Two, as an Executive Governor of a State in the federation of Nigeria. So, he cannot agitate and swore to oath of office as Governor of a state and the constitution of Nigeria which is the most supreme law and also swear to another law to accept office as caretaker chairman or chairman of the party at the same time. Of course the issue of conflict of interest arises.”
“Now, the convention he has scheduled is a null and void. There is a case of locus standi, any member of the APC can go to court to stop the convention because the Mai Buni led caretaker has no power to conduct that convention.”
• ‘It is political suicide for APC’
An Abuja based legal practitioner, Peter Odion Aihiokhai, the ruling is a political suicide for the ruling party and may dim their chances in the 2023 general election.
“The landmark decision by the Supreme Court on 28th day of July 2021 declaring Buni’s Chairmanship of APC illegal is a serious legal challenge to the party.This is political suicide.
All the actions taken by the deposed party chairman from the time he became chairman till Wednesday are all void. In fact they are nullified.
This is what happens when the ruling party failed woefully to manage its victory. Since 2015, the APC has not been able to manage her victory.
The APC is fond of disregarding due process and this is what has happened to them. Now, other political parties can take advantage of them and stop them from participating in the 2023 election.
Barr. Peter Odion Aihiokhai.
• Enang, Ojudu tell APC to suspend congresses
Special Adviser to the President on
political matters, Senator Babafemi Ojudu, and the Senior Special Assistant to the President, Niger Delta Affairs, Senator Ita Enang, have urged the APC to suspend all activities following the Supreme Court challenging the legality of Mr. Buni led committee.
In a press statement jointly signed by Ojudu and Enang, advised the party to pause planning for its forthcoming congresses and should constitute a legal team to review the troubling judgment.
The statement reads:
While congratulating His Excellency, the Governor of Ondo state on the majority judgement of the Supreme Court upholding His election by striking out the petition, decisions affecting the legality and status of caretaker and extra-ordinary convention planning committee was along delivered.
It has long been in contention whether unelected officers of a political party can exercise the powers of party vested in the Chairman and officers of the Party who ought, by Party’s Constitution to be elected at duly convened convention of the Party at the National level and congresses at State and other levels.
A cursory reading of the minority judgment, we submit, appears to have swept the carpet of legality off the CECPC rendering it illegal, null, void and of no legal capacity to undertake any action on behalf and in the name of the Party.
It has also brought to question the legality of all the actions taken by her since inception.
Senator Ita Enang, SSA to the President, Niger Delta Affairs.
Accordingly, in view of the impending Ward, Local Government, States and Zonal Congresses and indeed the National Convention (which the CECPC was primarily set up to do), it is our view:
i. That the Ward and other Congresses scheduled for July 31, 2021 be paused, suspended and put on hold pending the determination of the legal status of the CECPC to undertake all the activities it so far has, and indeed jurisdiction to conduct the congresses and CONVENTION.
ii. That the Party carefully and dispationately Cause her team of legal experts to Review, appraise and give considered opinion on the import of the Majority and in extreme particular the reasonings in the Minority judgment of the Supreme Court as to the legal Status of the CECPC to proceed further with any activity in the name of the party or otherwise.
iii. That options, including painful ones be recommended to PERFECT THE PARTY LEADERSHIP in the eyes of the Law with legal capacity to do what it ought to do.
iv. That the Team also recommend measures to perfect matters in respect of pending elections and matters to rescue challenged pending processes.
v. That Time being of the essence, very limited timelines be set for each of the proposed steps.
One cannot put something on nothing and expect it to stand.
Finally, this being a Supreme Court judgement, we should be thankful that it has come very early that it will guide our Party to victory in 2023 as we mind carefully the legal Status of our systems, guiding us on avoidable actions as we approach the 2023 tape to brace successfully.
As stakeholders,we deem it appropriate to offer our voices adding to reasonable offers thus far made.
