APC tenure elongation: The winners, the losers

BODE OLAGOKE, in this piece takes a look at how leaders of the ruling All Progressives Congress (APC) argued for and against the controversial tenure elongation and the implication for the party

6 rattling weeks for APC
Since February when the ruling All Progressives Congress (APC) had its maiden National Executive Council meeting following its victory in the 2015 general elections, the party has been enmeshed in serious debate over the sudden presidential fiat on tenure elongation to the National Working Committee and states officials. The presidential pronouncements generated heated political debates and manoeuvring, ever legal threat as those averse to the tenure elongation insisted on seeking legal redress on the controversial tenure extension for its executive at all levels.
For about six weeks during the heated debates, sundry political interests and realignment became quite noticeable as several interests were clearly manifested by different groups. Whereas the group led by some governors, wanted Chief John Oyegun’s led National Working Committee to continue, the pro-President Muhammadu Buhari ‘faction’ made no secret about their desire to kick out Chief Oyegun and were therefore vehemence in their opposition to the retention idea.
This though was not the position from onset. The Buhari’s group were initially in favour of elongation for Chief Oyegun until it became apparent that doing would pitch Buhari against Asiwaju Bola Ahmed Tinubu, who had never hidden his desire to see off Oyegun. Then the pendulum swung.
Interestingly, those in support of the initial move, it was primarily to prevent the party from plunging into serious crises before the party’s state congresses and national convention. It was equally done to avert undue palaver barely months to the general elections in 2019. In contrast though, those that opposed the idea were looking at the legal implications of having the executive staying in office beyond June 30th.

The issue
The February 27th NEC meeting of the APC had thrown up the issue of tenure elongation for the National Working Committee (NWC) under the leadership of Chief John Oyegun and other executive at all levels with majority of the NEC members in support of additional 12 months for the excos.
The argument was that the time is too short for the party to think of elective convention, bearing in mind the several unresolved crises rocking nearly all the organs and state chapters of the party.
But those against the move, some said might have had their own ulterior motives and were therefore able to cite the constitutional constraints which they believe do not provide for either tenure extension or caretaker committee.

NEC decision
One of the proponents of tenure elongation, the Kogi state governor, Yahaya Bello, after the February NEC meeting, had told newsmen that it was the decision of the NEC to extend by 12 months the tenure of executive of the party at all levels.
Bello said: “At the end of the National Executive Council meeting today, a major decision was taken in line with the constitution of our party. We are all aware that the tenure of the current NWC and the executive members of this party both elected and appointed comes to an end June this year.
“Considering the time left for the party to conduct all the congresses and convention and considering that our leader Sen. Tinubu has been charged with responsibility of reconciling all aggrieved members of our party, we cannot afford to approach general elections with more dispute and crisis.
“So, relying on Article 13 of our constitution, which empowers the NEC to carry out the function of the convention, the NEC has decided to extend the tenure of the current NWC and other executive committees at various levels for another twelve months, starting from June 30th.”
This decision, however, attracted sharp reaction with the governor of Zamfara and the Chairman of Governors’ Forum, Abdulaziz Yari, being the first to speak against the elongation same day by stating that the NEC never approved tenure elongation.
According to Yari, what happened at the meeting was mere expression of interest. “What has been done is a mere expression of interest. The power of the Convention to extend tenure is exercised only by way of a constitution amendment.
“The power of the National Executive Committee of our party cannot go beyond doing so by way of constitution amendment. Article 30 of the APC Constitution states: ‘This 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. These 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 it.”
Yari added: “What was done today is only an expression of a desire to extend the tenure of Chief Oyegun-led National Executives.”
Governor Yari was not alone ranger in the rejection of tenure elongation as opposition became rife across the length and breathe of the APC in the country, while few others took the party to court.
Okere Uzochukwu, a member of the APC in Imo State, is one of those party members who felt aggrieved and needed judicial interpretation. He asked the Federal High Court in Abuja to void the extension of the tenure of the APC National Working Committee (NWC) by the NEC.
Uzochukwu, in the suit marked, FHC/ABJ/CS/219/2018, said he was an aspirant to the state chairmanship position of the party in Imo State and that the tenure extension violated provisions of the Constitution, the Electoral Act and the Constitution of the APC.
In the suit filed by his lawyer, Nnamdi Okere, the APC and the Independent National Electoral Commission (INEC) were respondents.
Uzochukwu is of the view that the extension of the tenure of officials of the party at various levels was “the primary function and responsibility of the national convention” by virtue of the provisions of Article 13 and 13 (3) (ii) of the Constitution of the APC 2014 (as amended).
Worried by the development and the fear of unknown, the leadership of APC summoned another NEC meeting, with only two agenda.
The NWC under Chief Oyegun, who set the agenda, however, refused to include the disturbing issue of tenure elongation among items to be discussed. Even during Chief Oyegun’s opening speech at the meeting well attended by the President, Vice President, SGF, Governors, Senators and all other NEC members, he emphasized that the meeting was meant to discuss the issue of APC constitutional amendment and the reports on True Federalism.

Buhari’s turning point
But in a shocking and dramatic move, when it was time for President Buhari to speak, who carefully asked his orderly for his speech, then looked at what he was given again and again to be sure that he was not given a wrong speech. Instead of following the agenda, the president opted to narrow the meeting to one-point agenda: tenure elongation.
Subsequently, the president proceeded in clear term to state that tenure elongation is unconstitutional, illegal and he is opposed to it. Simply, he asked any of the party executive who is interested in continuing in his or her present post to resign and present himself or herself for election.
Buhari, who described the matter of tenure elongation as ‘contentious,’ said the issue “contravenes both the APC constitution and the constitution of the federal republic of Nigeria.”
According to the President, even a caretaker committee cannot remedy the situation and act in place of elected officials.
“While the APC constitution in article 17 (1) and 13 (b) limits the tenure of elected officers to four years renewable by another election, the 1999 constitution of Nigeria as amended, in section 223 also proscribed periodic election for party executives at regular intervals which must not exceed four years.
“Furthermore, Article 31 of our party constitution provides that any principal officer wishing to re-contest or contest for another post must resign from his current post at least one month before the election. In this circumstance, what is expected of us is to conduct fresh election once the tenure of the current executive approaches its end.
“A caretaker committee cannot remedy the situation and act in place of elected officials. Furthermore, I think that if we deviate from the constitutional provisions, we might be endangering the fortunes of our party. “If the tenure of our party executive can be legally faulted, it means that any nomination and primary election they may conduct can also be faulted. This is not to talk of divisions that may arise or is already arising within the party when some of our party members feel that they are being denied the right to aspire to executive positions or that internal democracy is not at play within the party.
“I am therefore of the firm belief that it is better to follow strictly the dictate of our party constitution rather than put APC and it activities at grave risk.”
“We should not allow our party to be vulnerable and susceptible to the opposition by delaying us and go to court and quoting appropriate constitutional provision from either the party or national constitution to delay us or divide us further. Please take note of this my statement.”

On tenure extension we stand – party spokesman
Shortly after the NEC meeting, the APC National Publicity Secretary, Mallam Bolaji Abdullahi, announced a proposal that the party will set up a technical committee to look into Buhari’s advice, adding that the decision of the NEC on tenure elongation stands until further notice.
“At the moment, there is no decision taken. So, the position of NEC still stands. There is a technical committee that is looking at the issue. That position may change tomorrow.”

…And Tinubu react, says Buhari’s decision save APC
Instead of towing the line of the party NWC, the National leader of the APC, Asiwaju Bola Tinubu, praised the president for rescuing the party from unnecessary crises.
In a statement personally signed by Tinubu stated that “The President has spoken. Today is a good day for those who cherish democracy and legality. His action will also serve to strengthen the party by allowing party members, including present incumbents, to seek to contribute to the party by vying for executive offices as they see fit.
“His action will go far in advancing the process of internal reconciliation that is now underway. It is a time for the party to move forward and begin to plan and organize the needed congresses according to the existing timetables.
“After all, a party bearing the name All Progressives Congress should be the last party to resist holding congresses in which all its people have a fair say and fair chance to aspire to any position in the party for which they are qualified to hold.
“Again, this is a good day for the APC and democratic political practice in Nigeria. We shun the politics of old to move toward a new and better way of governing ourselves and this nation.
“President Buhari’s action saves the party from serious legal turmoil. If the elongations were deemed illegal then all subsequent party actions, including the nomination of all of our candidates for elective offices, might also be of questionable legality. Such a predicament would constitute an unnecessary and mortal blow to the party and its role in promoting progressive governance to Nigeria,” he said.
The Abia State newly elected chairman of the APC, Dr. Emmanuel Ndukwe, said President Buhari’s decision to reject the decision of the NEC on tenure extension for the current executive at all levels, was the best, adding that such will strengthen the party.
Ndukwe, who was attending the NEC meeting for the first time after taken over as the party chairman in Abia state, described president Buhari as a law-abiding citizen who believe in working in accordance with the party’s constitution.

Politics of tenure extension or no extension
However, analysts are of the view that the real reason for rejection of the tenure elongation is both constitutional and political. Basically, they think rather than adherence to the constitution of the party the struggle for the control of the APC structures is the main concern.
Recall that there has been no love lost between the former Lagos state governor, Asiwaju Tinubu and Chief Oyegun, whose emergence as the APC national chairman was largely credited to Tinubu. Ever since the party won at the centre, Oyegun allegedly has been used by some powerful forces within the APC to attempt to limit the political influence of Jagaban, even in his South-west zone.
Political analysts said President Buhari was at a point where he needed to make a choice between the Benin-born politician and the strongman of South-west politics. Of course, the president reckons with whoever has electoral capital that could facilitate his return to power.
Some loyalists believe that if President Buhari’s re-election is to see the light of the day, the South-west and its strongman have significant role to play compare to Chief Oyegun, who not lost election even at his ward in the last general elections, but lacks the capacity to influence Edo State not to talk of the South South zone to vote for Buhari.
“Oyegun is a paperweight politician as far as winning election is concern. He may be the national chairman of the APC by the virtue of zoning but when it comes to mobilising for election, you don’t compare sleep with death,” said one of the pro-Buhari supporters.

Oyegun’s technical panel
To find solution to the riddle, the NEC ordered the NWC to set up a ten-member technical committee led by Governor Simon Lalong to look into the legal and political implications embracing tenure extension.
Chief Odigie-Oyegun while inaugurating the committee said some of the issues needing resolution were legal, and can impact dramatically on political considerations.
“Therefore, your job is to bring these two together and advice us on the way we can implement our activities in the next few weeks and months in a way that is politically advantageous to our party, the APC and at the same time face due difference to the niceties of the law.
“We must observe the law and at the same time emphasis that we try to do things that will be advantageous to the party. We will furnish you with all the documents like the resolutions of NEC, the party’s constitution and the Nigeria constitution to help you do a good job.
“You are also at liberty to request for additional materials like the statement of Mr President during last NEC meeting and every other thing to guide you achieve the task you are about to undertake. I am praying, hoping that this is the kind of thing you can accomplish in about three to four days.”

NEC confirms waiver for executive
The last NEC meeting has however unanimously agreed on waiver for the Chief John Oyegun-led NWC and other executive of the party at all levels to re-contest their position if they so wish at congresses and national convention.
President Buhari in his speech at the Monday NEC meeting advocated that executive members should be allowed to seek re-election while the party overlooks the one month notice and resignation as demanded by the party’s constitution.
“Necessary waivers should also be extended to executives at the ward level whose tenures may have elapsed and indeed to anyone knocking on our doors from other parties.
“However, considering the provision of Article 30 Section 1 and Subsection 3 of our party constitution which requires any serving officer desirous of seeking re-election to resign from office 30 days before the election, I’m not sure of the practicality of the present serving officers’ ability to meet this condition.
“Accordingly, the party may consider granting waivers to party executives at all levels so that they are not disenfranchised in participating in the elections provided this does not violate our rights or our rules.”

Conclusion
So, it is clear the major winner of the debate since February is Asiwaju Bola Ahmed Tinubu along with all others that have had issues with Chief John Odigie-Oyegun’s leadership style. Conversely, chief among the losers in the tenure elongation debate invariably is Chief Oyegun reckoned allegedly as a stumbling block on the progressive path of the APC.
Also, those who, like leech, cling onto Buhari for relevance and stand no chance of getting state and local council executive committees without the apron string of the President are clear losers. The saying that “there are no permanent friends or permanent enemies in politics but permanent interest” seems rather apt in this case.

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