- ‘Ruling party must not circumvent its rules’
The last may not have been heard over the recent tenure extension of the National Chairman of the All Progressives Congress (APC), Chief John Odigie-Oyegun has Court of law has opened a case on it.
NewswatchNigeria can report that an aggrieved All Progressives Congress (APC) chieftain, Dr. Wale Ahmed, has taken the national chairman, to court over what he described as an illegal extension of his tenure.
Ahmed, a party stalwart from Lagos, said the ruling party has violated its rules and guiding principle on periodic national convention as stipulated by its constitution.
The embattled chairman, Odigie-Oyegun, was elected chairman in June 2014 for a four year tenure, which had expires in June.
The plaintiff said the chairman and other members of the National Executive Committee (NEC) of the party were given illegal anticipatory tenure elongation to enable them put the national convention in abeyance, without due consideration for the APC constitution and 1999 Constitution.
According to the Section 223 (1a) and (2a), of the 1999 Constitution, “the constitution and rules of a political party shall provide for the periodic election on a democratic basis of the principal officer and members of the executive committee or other governing body of the political party.”
Also, “the election of the officers or members of the executive committee of a political party shall be deemed to be periodical only if it is made at regular intervals not exceeding four years.”
According to the APC Constitution (2014 as amended), “all officers of the party elected or appointed into the party’s organs shall serve in such organs for a period of four years and shall be eligible for re-election or re-appointment for another period of four years only, provided that an officer elected or appointed to fill a vacancy arising from death, resignation or otherwise shall notwithstanding be eligible for election to the same office for two terms.”
Joined in the suit No. FHC/L/CS/364/18 before the Federal High Court, Lagos Division, are the Deputy National Chairman (South), Chief Segun Oni, Deputy National Chairman (North), Senator Lawal Shuaibu, National Secretary Mallam Ibrahim Gubi, National Vice Chairman (Southwest) Chief Pius Akinyelure, the APC and the Independent National Electoral Commission (INEC).
Ahmed is praying the court to declare as null and void and of now effect the purported elongation of the tenure of the NEC, contrary to the extant laws.
In the originating summons taken by his counsel, B.A.M Fashanu (SAN), the plaintiff is claiming that the defendants, jointly or severally, have erred in law. His prayers include:
“A declaration that the first to sixth defendants have no power under the constitution of the Federal Republic of Nigeria, 1999, to extend the tenure of the elected organs/officers beyond four years from their election /inauguration
“A declaration that the purported extension of the tenure of the extant National Working Committee (NWC) and /or other executive committees or their members of the All Progressives Congress at various levels for another 12 months from June 30, 2018 by the National Executive Committee of or by the All Progressives Congress, is illegal, null and void and of no effect
“A declaration that any provision of the sixth defendant’s constitution or any memorandum, circular or pronouncement of the first to sixth defendants purporting to extend the tenure of the first to fifth defendants beyond their extant elected or inaugurated four year tenure is in conflict or is inconsistent with the provision of Section 223(1) (a) and 223 (2) (a) of the constitution of the Federal Republic of Nigeria, 1999 and is null and void to the extent of its inconsistency.
“An injunction restraining the first to sixth defendants, their servants and/or agents, from taking any steps to implement the purported tenure elongation of the presently elected/constituted organs/officers of the All Progressives Congress, which pronouncement or decision was made on or about the 27th of February, 2018, or in any manner howsoever, stay in office beyond four years from the date of their election/inauguration.
“An injunction restraining the seventh defendant, its servants and /or agents, from recognising the decision or any decision of the first to sixth defendants to extend the tenure of the sixth defendant’s extant elected organs/officers beyond their elected/constituted four years, or, taking any step, in any manner howsoever, to implement such decision.”
Ahmed, a former member of House of Assembly and one-time Commissioner for Special Duties said he went to court to protect the image of the ruling party and the sanctity of the constitution.
He said the APC should, through its convention, create a level playing field for all qualified members of the party who may wish to contest for any party office at the convention when the tenure of the executive committee expires in June.
Ahmed added: “We must avoid a situation whereby a dangerous precedent will be laid by the deliberate violation of party constitution, rules and regulations on leadership recruitment and renewal of tenure. Our party is known for its avowed commitment to the rule of law, the due process and the constitution. We must obey our own laws and respect the constitution of the country.”
Crisis had hit the APC, following the purported tenure elongation for the NEC and the NWC, following their Abuja meeting of January 26 and 27.
While Kogi State Governor Yahaya Bello told reporters that the NEC had granted one year tenure elongation to the Odigie-Oyegun-led NWC, his Zamfara State counterpart and Chairman of the APC Governors’ Forum, Abdulaziz Yari, said the NEC lacked the power to extend the tenure, adding that the power of the Convention to extend the tenure can only be exercised only by way of constitutional amendment.
He stressed: “The power of the NEC of our party cannot go beyond doing so by way of constitution amendment. Article 30 of the APC Constitution and the schedules hereto, can be amended only by the National Convention of the party.
“The process of amending the constitution is also expressly provided in Article 30 Sub-Section 2. This states: “Notice of any proposed amendment by any member or organ of the party shall be given to the National Secretary, at least, 14 days before the date of the National Convention. The Notice shall be in writing, shall contain a clear statement of the proposed amendment and reasons for the amendment.”
