Ahead of Saturday’s congresses and follow-up national convention, stakeholders of the ruling All Progressives Congress (APC) are in conflict over the propriety or otherwise of the Mala Buni-led caretaker committee.
Also, the recent Supreme Court judgement in favour of Ondo state Governor Rotimi Akeredolu is generating mixed reactions within the party fold.
Akeredolu’s victory
Akeredolu’s challenger, Eyitayo Jegede (SAN) of the Peoples Democratic Party (PDP) had submitted that APC’s governorship candidate’s nomination breached the law and as such, his election should be nullified.
His prayer was hinged on the fact that the Interim National Chairman of the APC and Yobe state governor, Mai Mala Buni, was the one, who forwarded Akeredolu’s name to the Independent National Electoral Commission (INEC) as the party’s candidate.
But in their minority judgement, Justices Mary Peter-Odili, Ejembi Eko and Ibrahim Saulawa declared that Akeredolu’s election should have been nullified, with Jegede and his party-PDP- declared winner of the October 20, 2020 governorship poll.
Four other Justices upheld Akeredolu’s victory.
Keyamo, others warn
Arising from the apex court’s verdict, Minister of State for Labour and Employment Festus Keyamo (SAN) warned the APC risked imminent loss in the 2023 elections if Buni remains its interim leader ahead of party congresses nationwide.
The Buni-led committee was appointed June 2020 following the controversial sack of Adams Oshiomhole-led National Working Committee (NWC).
Also on the committee Keyamo described as illegal, are Osun state Governor Isiaka Oyetola and that of Niger, Sani Bello both representing the South-west and North-central zones respectively.
Keyamo, who is also a leading member of the party, said this in a leaked memo released Wednesday.
Keyamo’s leaked memo was received by Premium Times a few hours after the inauguration of the APC congress committees for all the states of the federation and the FCT at its headquarters in Abuja.
His reason, he said, was premised on the split decision of the Supreme Court to uphold Akeredolu’s election, noting that the APC escaped potential defeat due to ‘little technicality’ which may not be applicable in subsequent court cases.
Keyamo said the ruling party would have lost the case if Jegede had joined Buni in the suit.
He said: “The little technical point that saved Gov Akeredolu was that Jegede failed to join Gov. Mai Mala Buni in the suit. Jegede was challenging the competence of Gov. Mai Mala Buni as a sitting Governor to run the affairs of the APC as Chairman of the Caretaker Committee.
“He contends that this is against Section 183 of the 1999 Constitution which states that a sitting Governor shall not, during the period when he holds office, hold any other executive office or paid employment in any capacity whatsoever. In other words, had Buni been joined in the suit, the story may have been different today as we would have lost Ondo State to the PDP.”
While saying the technicality found therein in the judgement may cause chains of suits from APC members on legitimacy of Buni-leadership on the party, he said the governor as the party’s interim chairman is a breach of Article 17 of the APC Constitution.
He therefore advised the party to stop the planned congresses or risk imminent division.
Keyamo said: “The planned Congresses across the country slated for this weekend must immediately be suspended because it will be an exercise in futility as analysed above. The competence of Gov. Mai Mala Buni to organise the congresses has been called to question by the Supreme Court.”
Keyamo, who called for urgent National Executive Committee(NEC) meeting to appoint a new party head, also said: “Alternatively, the Board of Trustees of the party, which includes Mr. President, can be activated to organise a National Convention in line with Article 13 of the APC Constitution where it is given such powers. Those powers can be delegated at the meeting to a Committee in line with the APC Constitution which will run the Party and plan the Convention. The new Exco can then plan for Congresses.”
…Ojodu, Ita Enang back Keyamo
Also toeing Keyamo’s line were two presidential aides, who believed something can’t be built on nothing.
The duo are Special Adviser to the President on political matters, Sen. Babafemi Ojodu and Senior Special Assistant to the President, Niger Delta Affairs, Sen Ita Enang.
While congratulating Akeredolu on his victory at the Supreme Court, they said the issue around legality and status of Governor Buni as head of the committee also brought to question the legality of all the actions taken by the committee since inception.
“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.”
Kwara chapter backs call
In a related position, the sacked party chairman in Kwara state, Bashir Omolaja Bolarinwa (BOB), accused the APC national leadership of complicity in the crisis rocking the state chapter of the party.
“It is difficult to absolve the current National leadership of our party of complicity in the crisis rocking APC in Kwara State today. They have tried all the tricks in the book to pervert the cause of justice on issues, but our God is a God of justice,” explained Barr. Ladi Mustapha, legal adviser of the BOB-led faction of the party at a press conference in Ilorin.
The chieftain further used the opportunity to affirm BOB as the authentic party chairman in Kwara state.
“We have remained undaunted, resolute and focused on the ideals and philosophy of our party.
“For the avoidance of doubt, the Supreme Court ruling on Jegede Vs Rotimi Akeredolu Governorship election should be bold enough on the wall of justice that Hon. Bashir Omolaja Bolarinwa’s chairmanship is as solid, in law, as the Rock of Gibraltar.
“Therefore, it is advisable for the political masquerades to step back to the shrine and allow peace to reign in the party.”
Also expressing similar views, leader of the APC Progressive Youth Movement (PYM) Princess Zahra Mustapha Audu, urged the Buni-led committee to step aside.
Addressing journalists in Abuja, Zahra said: “We have patiently watched to get the party’s reaction to the Supreme Court judgement yesterday (Wednesday) which we narrowly escaped losing. We congratulate Gov. Akeredolu of Ondo state who is an exceptional governor.
“We would have lost that state but for God. However, we are not prepared to take any chances any more. We cannot keep playing this game with or party, with our future, with our lives. Enough is enough. We believe that within the APC, we have capable hands, former leaders regardless of generational differences at this point in time who can manage the affairs of our party. Why must it be one individual or the other?
“At this point in time, I think it is a bit selfish for us to expect a sitting governor who has several issues to manage in his state considering the fact that we have a lot of insecurity in the country, we expect him to also man a party like the APC. I do not think we are being fair to him. Gov. Buni is doing his best but as a party we are unfair. We have people who are not doing anything who can do handle this party and protect it.
“We should not rush and go ahead with the Congresses or convention or whatever else is going on. Let us follow the law because our party is not one that will muscle or bribe the judiciary. We should not expect favours from the judiciary if we do not do the needful. So, it is for that reason that we are asking the entire Caretaker Committee to immediately step down and put people that can carry this party forward.”
Making similar call in a letter, another group of APC Concerned Members asked Buni to resign as the interim party chairman.
The letter signed by the group Convener Comrade Okpokwu Ogenyi, said the demand was based on the fact that, “if you keep holding on to power and we proceed with the Congresses, we may have planted our downfall for the nearest future especially in 2023.”
The letter read in part: “We advice you immediately resign your appointment as Chairman, APC Caretaker /Convention Extraordinary Committee alongside other executive officers who are members of the Caretaker/Convention Extraordinary Committee of our great Party with immediate effect or holt the proposed Ward Congresses slated for Saturday, 31st July, 2021 and instead, organize a National Convention within two weeks to usher in a new leadership of our party.
“We believe your interest is to see a rebranded All Progressives Congress and a formidable party that will continue to support the President Muhammadu Buhari’s administration. We urge you to do the needful and the time is now!”
APC counsel, scribe kick
Taking strong exceptions to Keyamo and other stakeholders’ stand, a leading counsel in the suit brought against Akeredolu by the PDP, Chief Adeniyi Akintola, (SAN), said it was wrong of Keyamo and his backers to insinuate such position.
Akintola, who spoke to journalists Thursday in Abuja, said the pronouncements of the Election Petition Tribunal and the Court of Appeal which was affirmed by the apex court, showed Governor Buni could combine both party and elective positions.
He said: “Let me make this clear: this isn’t the first time we would be having minority judgements. A minority judgement has no value. You can’t cite it as authority. It has no effect.
“In 2008, Abubakar Atiku versus Sheu Musa Yar’Adua, there was minority judgements given by Justice George Oguntade, Justice Walter Onoghen and one other justice while Justice Niki Tobi delivered the majority judgement. So, there has always been precedence.
“There is no value attributed to minority judgement. So, what happened yesterday isn’t strange. So we are worried that some lawyers are attaching value to it.
‘Section183, according to the justices wasn’t violated by Buni. That was the reasoning of the tribunal. The Court of Appeal even affirmed the election petition stance that Section 183 wasn’t breached.
“The Supreme Court upheld the position of Court of Appeal and the Election Petition Tribunal that Buni position as governor doesn’t contravene provisions of Section 183.
“The Congress can go on as scheduled. There was nowhere the majority judgement says Buni breached section 183. The minority judgements is of no value, it has no consequences.”
‘…Congresses will hold’
Holding similar position at the media parley, national secretary of the party, Senator John James Akpanudoedehe maintained that party faithful have nothing to worry about; assuring the ward congresses fixed for Saturday would not be halted.
He further alleged that certain aggrieved chieftains of the party were anxious to cause confusion and instigate crisis in the party by giving conflicting interpretation to the judgement of the Supreme Court.
“Some people want to use the judgement to vent their anger. I want to assure you that the Congresses will hold across the country. We shall be fair to all, and be firm. We remain committed and loyal to the Buhari administration. We won’t be used to bring down the government of Buhari. We would hold the Congresses as scheduled.”
