Sequel to the supreme court judgement in the case of Eyitayo Jegede (SAN) of PDP and Rotimi Akeredolu (SAN) of the APC marked: SC/428/21 wherein the apex court’s ruling (minority judgement) faulted APC’s leadership which rests on single individual performing dual functions both as governor and National Chairman (interim capacity), an act that contravenes the spirit of the law under constitutional democracy.
It is in the light of this I share this thought.
Dear Party Leaders and members, l am pleased to draw your attention to a fundamental observation and question of law that relates to the legality of APC Congresses (Ward, LGA, State & National Convetion) at the instance of the present Caretaker/Extra Ordinary Committee chaired by Mai Mallam Buni, Governor of Yobe State whose rein has steered the ship of APC commendably. If we must consolidate on his gains, it’s innevitable our leaders swing to Action.
Pursuant to section 183 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended):
“The governor shall not, during the period when he holds office, hold any other office or paid employment in any capacity whatsoever”.
See also, the provisions of Article 17 (4) of APC Constitution, thus:
“No officer in any organ of the Party shall hold executive position office in government concurrently”.
CONCLUSION
“The prophency of what the court would do and nothing more pretentious is the law”.
To heal our party from this quagmire, president Buhari; vice president Osinbajo; Senate President; Ahmed Lawal; Speaker; House of Reps.; National Leader of the party; Asinwaju Tinubu; immediate past national chairman of APC, Adams Oshiomhole; and all well meaning party faithfuls need to convene urgent NATIONAL EMMERGENCY MEETING by invoking the full strength of the provisions of Article 13 and 13.2 of the APC Constitution to appoint a new ITERIM HEAD as substitute for Mai Mallam Buni since his appointment contravenes the extant laws (supra) in the unlikely scenario that his eligibility is challenged in any court of law, the outcome of which no one could predict at this material time.
As a lawyer in embryo, the burden of upholding and defending the constitution and the rule of law solely rests on me. Or, do we need to be reminded of the inglorious past precipitated by flaggrant disregard of law by our great party? where Rivers and Zafara states (chapters) failed to sponsor guber candidates for 2019 elections. Heads rowed, but heaven did not fall. In that cases, from High Courts to Appeal and up to Supreme Courts, judgement went otherwise.
We must therefore constantly bear in our minds that the reasoning of the learned justices of the supreme court (whether Majority or Minority) should be treated with high candor especially as it gives credence to fundamental point of law and the inherent violations, see section: 183 of C.F.R.N 1999 (as amended) and Article 17(4) of APC Constitution respectively.
Let’s Save Our Great Party, APC, from self imposed-self inflicted but avoidable legal tussle that might lie ahead.
Comrade Momodu, is the Coordinator, POI/GANI AUDU VOLUNTEERS AMBASSADORS.
PS: The views, thoughts, and opinions expressed in the text belong solely to the author, and not necessarily that of the Publishers of The Precision NG.
Study @ Achievers University
