OPINION: APC and the self-inflicted political suicide, by Prof. Najeem Ijaiya

The horse has bolted because it is too late to lock the gate. The All Progressive Congress is already in the Intensive Care Unit (ICU) waiting for its death and disgraceful burial. If All Progress Congress think it can intimidate or manipulate the Judiciary, it will fail.

All Progressives Congress (APC) is a party that came into existence in 2014 as a result of the amalgamation of different political parties made up of different characters, with different aspirations and ideologies.

The party gave to itself a Constitution as required by law. According to Wade in his book Administrative Law (1977) P.489. “A Constitution normally means a document having a special Legal sanctity which sets out the framework and principal functions of the organs of government of a state and declares the principle governing the operation of those organs”.

From the above definition, it is imperative on any organization that gives to itself a Constitution to abide and comply with the provisions of this Constitution in the conduct of its affairs. Where for any reason any of the organs contained in the Constitution is left without a composition, then the body or association involved shall bear the consequence that may arise as a result of this absurdity and negligence.

This paper/writer examines the activities of this party since June 2020 when a meeting was convened and held at the presidential villa, presided over by the President and the party’s adherence and compliance with its Constitution.

The meeting was as a result of the crisis rocking All Progressive Congress and which came to a head after the Court of Appeal Abuja Division’s affirmation of the Judgment of an Abuja High Court that held the suspension of Adams Oshiomole by his ward in Edo State valid and stripped him of all his entitlements. At the said meeting, the National Executive Committee and National working committee were dissolved and a contraption called Caretaker/Extra-Ordinary Convention Planning Committee CECPC led by Governor Mai Bala Buni of Yobe State was set up.

The reasons as encapsulated for the political suicide will be addressed in chronological order for ease of reference.

WHO HAS THE POWER TO CONVENE THE NATIONAL CONVENTION OF THE PARTY?

By virtue of Article 13.3.i The National Executive Committee of the Party is vested with the power to summon or convene the National Convention and prepare its agenda but where there is any situation that prevents the National Executive Committee from functioning, then by virtue of Article 13.2.vii The Board of Trustees is vested with the power to convene the National Convention of the party with the concurrence of two thirds (2/3) of its memberships.

The meeting held on June 2020 at the Presidential villa presided over by the President was neither summoned nor convened by the National Executive Committee or the Board of Trustees with the concurrence of two third (2/3) of its membership as required by the Constitution. So there was no properly constituted National Executive Committee or Board of Trustees to summon or convene a meeting as wrongly canvassed by the proponents of the meeting of June 2020.

Also By virtue of Article 25.A.ii, the National Executive Committee may summon an emergency meeting of the National Convention at any time provided at least seven (7) days notice of the meeting shall be given to all members eligible to attend. The meeting held on June 2020 was in violation of Articles 25A.ii of the party’s constitution. The meeting was not summoned by the National Executive Committee with the required seven (7) days notice of the meeting given to all members eligible to attend in accordance with the constitution of the party.

Furthermore, it was reported that one Gaidom, a member of the National Executive Committee / National Working Committee summoned/convened the meeting of June, 2020 in his capacity as the Acting Chairman of the party based or relying on a purported Court order. From all the relevant provisions of the Constitution of the party cited above, there is no provision in the Constitution of the party for any individual member of the National Executive / National Working Committee to unilaterally summon or convene a meeting of the National Convention or National Working Committee. The action of Mr. Giadom is a violation of the relevant provision of the constitution of the party.

WHO ARE THE MEMBERS OF THE NATIONAL CONVENTION By Virtue of Article 12.1? The National Convention is made of among others;
Members of the Board of Trustees
National Chairman and all members of the National Executive Committee and others

The Board of Trustees is supposed to be made up of at least 52 members while the National Executive Committee is supposed to be made up of at least 142 members, and all other members as stated in Article 12.1 of the party’s Constitution. The members that convened at the presidential villa on June 2020 to remove Oshiomole as the Chairman and dissolve the National Executive Committee (NEC) and National Working Committee (NWC) were less than the required Qurom of one third (1/3) of the total number of those expected to be present at the meeting. Let us assume but not conceding that there was a quorum but the fact still remains that the convener of that meeting was not the proper person to summon or convene the meeting as required by the Constitution of the party. So everything done and all decisions taken right from that day of the meeting of June, 2020 at the presidential villa was a nullity. You cannot put something on nothing and expect it to stand, it will definitely collapse. Mcfoy vs UAC.

WHAT IS THE QUORUM EXPECTED TO BE FORMED BY MEMBERS OF ANY ORGAN OF THE PARTY FOR A VALID MEETING?

By virtue of Article 26, One-third (1/3) of the members of any organ of the party shall constitute a quorum for a valid meeting. The meeting held on June 2020 at the presidential villa did not form the quorum as required by Article 26 of the Constitution of the party.

WHO HAS THE POWER TO ELECT OR REMOVE NATIONAL OFFICERS OF THE PARTY? BY VIRTUE of Article 13.1.ii The Power to elect or remove National officers of the party is vested in the National Convention. So the purported removal of the National officers carried out in the meeting of June 2020 was done in violation of the Constitution of the party, because it is only a National convention duly summoned and convened in accordance with the party’s Constitution that can elect or remove National Officers of the party.
WHO HAS THE POWER TO INTERVENE IN ALL DISPUTES AND CRISIS IN THE PARTY TO ENSURE ITS STABILITY AT ALL TIMES? ARTICLE 13.2.i empowers only the Board of Trustees of the party to intervene in all disputes and crisis in the party to ensure its stability at all times

Articles 13.2.iv v.vi also provide that the Board of Trustees shall act as Arbitrators and mediators in disputes and ensure the enforcement of discipline in accordance with the Constitution of the party; shall promote reconciliation, encourage and facilitate the settlement of disputes in an amicable manner among members of the party; ensure that peace and tranquility prevail in the party and when necessary intervene to restore absolute peace. APC to date has no Board of Trustees to carry out all these constitutional responsibilities. Since APC has failed, refused and or neglected to constitute the Board of Trustees which existence and function are germane to the administration or conduct of the affairs of the party as provided for in the Constitution of the party, then the party has itself to blame for creating this constitutional lacuna. It must be ready to pay for its political aloofness and indiscipline.

WHO HAS THE POWER TO SET UP A CARETAKER COMMITTEE?

By virtue of Article 13.4.xvi it is the National Working Committee that has the power to setup a Caretaker Committee in place of any organ where there exists, in the opinion of the National Working Committee, a lacuna by virtue of any act or omission done in furtherance of this constitution.

Article 13.4.vii further provides that any such Caretaker Committee so set up shall have a defined tenure and renewable upon a further review by the National Working Committee.

The Constitution of the party states emphatically which organ of the party has the power to set-up a Caretaker Committee with a defined tenure with the power to further review. No other body or organ of the party or any person or group of persons has the power to set up a Caretaker Committee and that no other body or person or group of persons is vested with the power of review and extension of the tenure of the Caretaker Committee.

There is no evidence that all the reviews and extensions of the tenure of CECPC led by Mai Bala Buni – were done by the National Working Committee as enshrined in the Constitution of the party. So the purported review or extension made or given by the President is a violation of the Constitution of the party.

MAI BALA BUNI LED CARETAKER COMMITTEE AND THE CATASTROPHE AWAITING ALL PROGRESSIVE CONGRESS.

The catastrophe awaiting All Progressive Congress (APC) and which will put the final nail on the existence of the party is the contraption called Caretaker/Extra – Ordinary Convention Planning Committee CECPC led by Governor Mai Bala Buni of Yobe State.

Article 17. iv of the party’s Constitution provides that ‘No officer in any organ of the party shall hold executive position office in government concurrently’. Section 183 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) provides that “The Governor shall not, during the period when he holds office, hold any other executive office or paid employment in any capacity whatsoever. The provisions of the party’s Constitution and 1999 Constitution of the Federal Republic of Nigeria are clear and unambiguous and more particularly the party’s Constitution leaves no one in doubt.

The candidate of the Peoples Democratic Party, PDP, Mr Eyitayo. Jegede had gone to court to challenge the legal validity of Mr Rotimi Akeredolu’s nomination by the National Caretaker Committee of the APC headed by Buni on the Sole ground that he was not properly nominated by his party. It should be noted that apart from Mai Bala Buni there are three other governors in this committee in violation of the party’s Constitution and the 1999 Constitution of the Federal Republic of Nigeria (As Amended).

The Supreme Court rule through the majority decision that non-Joinder of Mai Bala Buni as a party to the matter proved fatal to Jegede’s case but acknowledging that issue raised by the Appellants had merit and constitutional implication. With due respect, I disagree with the majority decision because this is an election petition and which is properly constituted with all the necessary parties:- the Parties, Candidates and INEC. The Chairman of the party is not a necessary party in an election petition. The issue to be determined is whether Akeredolu was properly nominated. TheSponsorship envisaged by section 177(c) of the 1999 constitution is a sponsorship not tainted with a constitutional violation in the nomination of a candidate by the party.

GENERAL ON THE FEDERATION AND MINISTER OF JUSTICE PRESS RELEASE

The Attorney General of the Federation and Minister of Justice in his futile attempt to defend the illegality of his party issued a press release on 29th of July, 2021.

The press release raised some fundamental issues that need to corrected. In response to paragraph 5 of the press release where he stated that the decision to set up the CECPC was subjected to and passed the scrutiny of legal review and examination. This opinion is misleading and deceitful. As earlier stated in this paper, all deliberations held and decisions taken on June, 2020 at the Presidential villa and among which was the setting up of the contraption called CECPC did not meet the expressed provisions of the party’s constitution and such they are a nullity. In paragraph 11, he referred to the position of H.E., Mai Bala Buni as that of the Chairman of an Ad-Hoc Committee duly constituted by the National Executive Committee.

The Fallacy in this statement or opinion can be deduced from the Constitution of the party. Article 18 (i) vests the power to set up standing committee(s) and where necessary, Ad-hoc committees on the National Executive Committee. Article 18 (ii) goes further to indicate the types of standing committee and an Ad-hoc committees that can be set up and whose membership shall be proposed by the National Executive Committee and ratified by the Board of Trustees. Thus The Federal Attorney General and Minister of Justice is being economical with the truth. As at June, 2020 when the meeting convened at Presidential Villa and where Buni led Committee was set up. There was no National Executive Committee known to the Constitution of the party. The party had and still has no Board of Trustees. So any reference to ‘a duly constituted National Executive Committee is a fallacy. The Article 18 ii, iii of Constitution of the party state emphatically the types of standing committees and an Ad-hoc committee(s) and which are finance committee(s), publicity committee(s) while the ad-hoc committee include screening / selection committee.

The CECPC led by H.E. Mai Bala Buni does not fall into any of these committee. It is an arberation, Buni’s Committee is not known to the Constitution of the party. The Governor is not functioning in an ad-hoc capacity because such is not provided for by the Constitution of the party.

Finally, the comparison and reference to any sitting Governor as Chairman of Governors’ Forum, Progressive Governor’s Forum or any other similar body is outrageous, absurd and mischievous. Governors Forum, Progressive Governor’s Forum or any other similar body are neither organs of the party as provided by Article 11 of the party’s Constitution nor the Chairmanship of these bodies or Associations are Executive office as envisaged by section 183 of the 1999 Constitution of Nigeria (As Amended).

The appointment of Governor Mala Buni is irregular and is not in every material particular in compliance with the APC Constitution because there was no National Executive Committee of the party or National Working Committee known to the Constitution of the party at the purported meeting held on June, 2020 at the Presidential Villa. Contrary to the opinion of the

Federal Attorney General and Minister of Justice in paragraph 16, the party does not need to wait for the Court to pronounce the Buni’s Chairmanship of the CEPCC as illegal before the party does the right thing and act in accordance with the party’s Constitution.

The Federal Attorney General and Minister of Justice reference to Buni’s Committee as an ad-hoc Committee is ridiculous and misleading because as earlier said no such ad-hoc committee is provided for in the Constitution of the party and so a non-existent ad-hoc committee cannot be subject to supervision and control of a non-existent NEC and non-existent National Convention of the party.

The CECPC set-up by Buhari after the illegal dissolution of the National Executive Committee/National Working Committee is illegal. The Chairman of the Committee Governor Mai Bala Buni is violating the constitution of Nigeria and that of his party. Responsible party members have spoken Senator Ita Evang. had said that the survival of the party depends on how quickly the party can get rid of Mai Bala Buni Caretaker Committee. The Pioneer Chairman of defunct Congress for Progressive Change Senator Rufai Hanga stated rightly that the party now is “technically non-existent”.

There are several cases in Court challenging the National Congresses and party registration conducted by the Caretaker Committee and the legality of the CECPC led by Mai Bala Buni, even by the opposition parties. But for the power mongers, everything is fair and good. Governor Mai Bala Buni’s acceptance of the Caretaker Committee’s Chairmanship is contemptuous and disrespectful to the Yobe State people who voted him as the Governor. In a sane society, an impeachment proceedings would have been initiated against him. But it is unfortunate that we do not have functioning and effective Houses of Assembly in this dispensation, they are extension of the Executive Arm. The members of the Houses of Assembly are errand boys of the Governors. The President’s appeal in the recent interviews is belated.

CONCLUSION

From the totality of the above references to the Constitution of the party, the meeting held on June, 2020 at the presidential villa failed in its totality to comply with the provisions of the party’s Constitution. So all deliberations and decisions taken on that day were a nullity. So the purported dissolution of the National Executive Committee and the National Working Committee and the composition of the 13 man Caretaker/Extra-Ordinary Convention Planning Committee CECPC led by Governor Mai Bala Buni of Yobe State were a nullity.

Prof. Najeem .A. Ijaiya is of Faculty of Law, Kwara State University, Malete, Kwara State