President Muhammadu Buhari’s take is being awaited as the ruling All Progressives Congress (APC) weighs options over the apparent legal logjam on the status of the party’s leadership currently in the hands of the Caretaker and Extraordinary Convention Planning Committee (CECC) headed by Governor Mai Mala Buni.
Buhari’s intervention is said to be the last thing being awaited after a weekend meeting between Vice President Yemi Osinbajo and lawyers serving in the cabinet failed to produce a workable consensus.
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With the party’s Ward congresses completed in most states of the federation, there were heightened fears that the Ward congresses and subsequent ones could be invalidated in the light of the position of some justices of the Supreme Court on the APC leadership.
The legality of the party’s leadership was called to question by some justices of the apex court in determining an election matter brought by the Peoples Democratic Party (PDP) candidate in the Ondo governorship election, Eyitayo Jegede, challenging the election of Governor Rotimi Akeredolu.
Though the majority of the jurists okayed the governor’s second term in office, the panel did not spare the rod on the leadership of the APC under Buni, describing the Yobe governor’s holding of the party’s helms as illegal.
In the aftermath of the Supreme Court pronouncement, which came as the party was kick-starting its congresses to elect new leaders starting from the Ward level, diverse opinions emerged with arguments for and against proceeding with the congresses in the light of legality issues raised against the committee superintending the process.
Daily Trust gathered that options were being weighed within the top echelon of the party on the best way to resolve the logjam.
Osinbajo, who was detailed by President Buhari to wade into the crisis is reportedly working with governors elected on the platform of the party and some ministers to develop safe option for the ruling party.
Findings by Daily Trust indicate that governors and other key leaders of the party were divided in taking position on the Buni-led committee along the lines of their political allegiances and 2023 ambitions.
It was gathered last night that some members of the Buni’s CECC were rounding off consensus for a proposal to ask all governors serving the caretaker committee to excuse themselves from the committee and nominate other persons as replacements.
Aside Buni, the Governors of Osun and Niger, Gboyega Oyetola and Abubakar Sani Bello, respectively, serve on the committee.
But another group is pushing for the return of the dissolved National Working Committee (NWC), which was in place in the aftermath of the sack of Adams Oshiomhole by a court judgment.
Babatunde Ogala (SAN), who had served as National Legal Adviser at the time has, in two different documents, canvassed for this position arguing that it would “Cloak the impending Ward, Local Government Area ad State Congresses as well as National Convention with the imprint of legality”.
Informed sources explained last night that already, the vice president had held consultations with party leaders and governors on a solution that would save the party from future legal traps and at the same time be acceptable to all within the APC.
While a last minute cancellation of the congresses was on the table on Friday night, efforts were unsuccessful to convey Osinbajo’s position to Buni.
However, some APC governors later explained to the vice president that majority of them would rather prefer to go on with the congresses even though some felt an outright cancellation of the congresses would be inevitable if it went ahead.
A source aware of the ongoing consultations said it is not true that the Vice President directed the Attorney General on the matter, especially since the AGF was not a party official.
As for Governor Buni, there was no communication between the Vice President and him until Friday when he reached out to the VP around midnight.
But by then, Daily Trust learnt, some governors had already argued for the continuation of the congresses, despite opposition to the exercise by another group of governors.
Daily Trust gathered that Buni, at the weekend, visited the Villa with the Kogi State Governor, Yahaya Bello to explain the stance of the current party leadership to the vice president after efforts to reach him had failed earlier on Friday.
A top Villa source said last night that “The VP is of the firm view that the Supreme Court ruling last week is a clear legal ditch, which is best avoided. And 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.”
Another Presidency source, said President Bhuari was okay with the state of the party and was convinced the party will find a way to navigate any challenge.
He blamed hiccups in the ruling party on members of the opposition who, he said are amplifying the issues.
My role in the saga – Malami
Attorney-General of the Federation (AGF) and Minister of Justice, Abubakar Malami told Daily Trust that he gave his legal opinion to the party on the impasse, just like other senior party members, dispelling rumours that he refused to carry out the orders of the vice president who wanted the congresses halted.
“Congresses and the conduct thereof is a function of a political party and not the office of the Attorney General. I am not responsible for the implementation of directives relating to party administration as you rightly know. It does not therefore add up that I refuse to obey directives over which I have no legal responsibility to execute,” he said.
His stance was corroborated by an aide of Osinbajo who said the vice president could not have asked Malami to execute any decision relating to the party since he holds no leadership position in the party.
In his legal opinion submitted to the APC governors dated July 29, 2021, Malami made a vigorous argument in defence of the status quo, urging the party not to give in to “Speculative and unsubstantiated fear” regarding the status of Buni as the caretaker chairman.
On legal opinions warning the APC of the import of keeping the Buni-led CECC, Malami said those were opinions that could not be binding.
“We are all lawyers and entitled to our respective opinions within the context of section 39 of the constitution that upholds freedom of expression.
“Lawyers are expressing divergent opinions, which in some cases are not rooted in the majority decision of the Supreme Court on speculations and insinuations. I am not bound by any conclusion put across by a colleague which should naturally be persuasive and not binding,” he said.
APC must retrace steps – Lawyers
Lawyers who spoke to Daily Trust cautioned that the APC should take seriously the pronouncement of the Supreme Court and reorganise itself.
Prof Paul Ananaba (SAN) said the position of the Supreme Court being that it would have viewed the suit on the nomination of the APC governorship candidate in a different way, may have voided the election in favour of the other side, had Buni been joined as a party.
“Is holding an office in a political party a private position? So, if EFCC is probing a political party, you will say it is probing a private entity? This is an organisation that can solicit for funds from everybody,” he said.
“The Supreme Court is right in their interpretation and I agree. I think the best thing is for the APC to review and fall in line with the judgment until that judgment is overturned.
“They made that point clear on the non-joinder of the governor. It is a finding of law and fact that the governor ought not to have signed that nomination document. That is why I agree with Keyamo’s position.
“Anybody, who runs an election based on Buni’s committee, that election would be voided. I want all the political parties to compete fairly rather than that rendition to be an albatross that would remove anybody that runs there. Even if INEC recognises that election, the election tribunal going up to the Supreme Court would nullify that election. Similar thing happened in Zamfara.”
Also speaking on the issue, Buhari Yusuf Esq said he expects APC to have learnt its lessons to avoid the situation which led to its loss of Zamfara, Rivers and Bayelsa “Through these kinds of reckless legal banditry.”
Yusuf said, although there ought not to be confusion as to the clear wordings of the Section 183 of the Nigerian Constitution supported by Article 17(4) of the Constitution of APC, which permits Governor Buni to carry out his functions as caretaker committee chairman because both sections speak about holding “executive office”.
“If I were them, I would have retraced my steps and key into the acceptable legal ethos. But politicians being what they are, they always believe that there is a way out there; that when we reach the bridge, we will know how to cross it” he said.
“I am with those people cautioning APC to halt everything and go back to the drawing board, reassert themselves. And come up with more creative ways.”
In his view, Hameed Ajibola Jimoh Esq said Section 287 of the Nigerian Constitution states that the decision of the Supreme Court shall be enforced in any part of the Federation by all authorities and persons, adding that “If anybody challenges any action of the APC in the future, the high court would still rely on the Supreme Court decision.”
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