APC’s somersaults on tenure elongation

Last Monday, the National Executive Committee (NEC) of the All Progressives Congress(APC) met and granted waivers to the National Working Committee (NWC) members and other executive officers of the party at state and ward levels, to remain in office and contest for offices if they so wish. In this report, BODE OLAGOKE highlights APC’s twists and turns arising from the tenure elongation saga.

In the last 43 days, the All Progressives Congress (APC), at the highest level, has shifted position on the fate of the Chief John Odigie Oyegun-led National Working Committee (NWC) three times. Specifically, the desire to balance various interests without breaching the party’s constitution, including the politics of re-election were responsible for the flip-flops. Significantly, the ball was set rolling on February 27, 2018, when the National Executive Committee (NEC) extended the NWC’s tenure by a year.

However, on March 27. President Muhammadu Buhari who was at the earlier meeting, withdrew his support for tenure elongation at the NEC meeting. The president, without equivocation asked the party to organise a national convention and Oyegun and his executive, if they, so wish, should resign and re-contest their positions.

Last Monday, 13 days later, NEC gave Oyegun and his men a waiver, asking them to remain in office, organise the national convention and contest if they so desire. Specifically, this apparent duplicity has further divided, rather than unite APC as different power blocs are now strategizing to get the upper hand in the coming convention.

The extension

On February 27, APC’s NEC met and gave Oyegun and his NWC as well as all state executives, a one year tenure elongation. According to meeting, time was too short for an elective convention, bearing in mind several unresolved crisis rocking nearly all the organs and state chapters of the party. However, not all members were swayed by that argument but the majority had its way.

Specifically, Governor Yahaya Bello of Kogi state, one of the proponents of extension, had articulated the reasons behind the tenure elongation.

According to him, “considering the time left for the party to conduct all the congresses and convention and considering that our leader, Senator Tinubu has been charged with responsibility to reconciling all aggrieved members of our party, we cannot afford to approach general elections with more disputes and crises.’’ For this reason, the meeting relied on Article 13 of the party’s constitution, which empowers the NEC to carry out the function of the convention, to extend the tenure of the Oyegun-led NWC and other executive committees at various levels for another twelve months, starting from June 30th, Bello had said.

However, Governor Abdul Azeez Yari of Zamfara state, countered his Kogi state counterpart on what transpired at the NEC meeting. According to Yari, what happened was a mere expression of interest of tenure elongation as “the power of the convention to extend tenure is exercised only by way of a constitution amendment.’’ Categorically, he said that NEC lacked the power to extend the tenure of any party official beyond the four-year term.

Yari, who is also the chairman of Nigerian Governors’ Forum, said that, “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 governor further said that ‘’the process of amending the constitution is also expressly provided in Article 30 sub section 2.” However, In spite of this long citation, the pro-elongation members carried the day but the victory was temporary.

Buhari withdraws support

Significantly, on March 27, another NEC meeting was held but the NWC didn’t include the disturbing issue of tenure elongation on the agenda, believing that the matter had been settled. In fact, in his opening speech, Oyegun emphasized that the meeting will discuss APC constitutional amendment and the report on True Federalism. President Buhari, however, had a different agendum which no one knew about. In a shocking and dramatic move, when it was time for him to speak, the president softly asked his orderly for his written speech.

In his address, the president narrowed the agenda to a one-item meeting of tenure elongation. Point blank, Buhari had said that the extension is unconstitutional, illegal and he is opposed to it. Buhari, who described 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, an idea that was mooted, cannot remedy the situation and act in place of elected officials.

However, he advised that any party executive who is interested in continuity should resign and represent him or herself for election.

The president argued that “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 prescribed periodic election for party executives at regular intervals which must not exceed four years.’’ Furthermore, he said that article 31 of APC 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,’’ Buhari had advised.

In addition, the president also point out the implications of tenure elongation. According to him, any nomination and primary election that the executive 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 the positions that they want.’’

Lalong Committee to the rescue

The party, after Buhari’s bombshell, had inaugurated a 10-member Technical Committee on the tenure of party officers, following the president’s proposal. The committee, chaired by Governor Simon Lalong of Plateau state, was asked to advise the party on the matter. Other members are Secretary to the Government of the Federation, Boss Mustapha; Governor Abiola Ajimobi of Oyo state and Malam Nasir EI-Rufai of Kaduna state as well as Governor Rotimi Akeredolu of Ondo state.

Others include: Mr Ben Uwojumogu, Kabiru Ajono, Mr Elisha Kuroh and Mr C. J. Dokos. Similarly, Barrister Muiz Banire, the party’s legal adviser, served as secretary of the committee.

Last Monday, the committee submitted its report and yet again, the party back-pedaled on NWC resignation before seeking election. Specifically, it granted resignation waivers to the NWC members and other executive officers of the party at state and ward levels to remain in office and re-contest.

What the constitution says

The APC constitution stipulates that any party officer wishing to re-contest a party position must resign 30 days prior to the expiration of his or her tenure. According to the document, “any party office holder interested in contesting for an elective office (whether party office or office in a general election) shall resign and leave office 30 days prior to the date of nomination or party primary for the office he or she is seeking to contest.”

However, the constitution states that, subject to the approval of the NEC, the NWC may in special circumstances, grant a waiver to a person not otherwise qualified under Article 31(1) of this constitution if, in its opinion, such a waiver is in the best interest of the party.

Significantly, the constitution spelts out conditions for granting waivers, which is: that a person may be granted waiver only on condition that he or she has “applied for waiver in writing to the National Working Committee of the party through his/her appropriate ward, local government area/Area Council; state, Federal Capital Territory and zonal committee. Also, that: he or she has signed an undertaking to uphold and implement the manifesto of the party in the event of winning the election.”

Clearly, the Oyegun-led NWC and other executive officers of the party at state and ward levels have not applied for such waivers.

APC’s doctrine of necessity?

After the NEC meeting, Governor Lalong went to a great length to explain why the party apparently breached its constitution. According to him, the decision was made to accommodate every aggrieved member of the party.

“We arrived at the point that it is constitutional valid to conduct congresses, but if in conducting the congresses certain available provisions of the constitution were not going to be fulfilled, it means that some people will be disenfranchised.”

The technical Committee chairman further said that “we spoke about the 21-days notice and requirements of Article 31 and came to the conclusion that if these provisions are taken care of, then there was no need for anybody to say we cannot conduct congresses within the available space that we have.’’

In the end, Lalong said that ‘’everybody was carried along and everybody’s interest was considered in this report. It was unanimous.’’

The governor of Plateau state argued that since the tenure of some ward chairmen has expired, the NEC has accepted that the provision of the constitution that people must resign 30 days before re-contesting, should be waived. So they don’t need to resign their positions before they re-contest their position.’’ However, Lalong did not say whether or not Oyegun and co had applied for waivers in line with the party’s constitution.

Oyegun may bounce back

A NEC resolution, according to reports, has given the present NWC an approval to continue overseeing the affairs of the party for another one year in the absence in case the convention does not hold. This lee-way states that “if for reasons of inability to fulfill constitutional and or legal conditions requisite for the conduct of a valid elective congress or convention, then the party may as a last resort, leverage on the NEC resolution of February 27, 2018, which in our view is lawful in the circumstances.’’

According to reports, Chief Davies Ibiamu-Ikanya, the chairman of APC in Rivers state, moved for the adoption five-item resolution, which included the caveat. The motion was seconded by Governor Samuel Ortom of Benue state and adopted by NEC members. In addition, the current zoning formula for the party offices has been retained and that gives Oyegun the right to seek re-election.

However, APC spokesman Bolaji Abdullahi has dispelled the fear, affirming that the party is already preparing for its congresses and convention. He described the NEC’s resolution which says that the NWC can continue if the convention doesn’t hold as a stop gap measure, pointing out that there is nothing constitutional about it. “I can assure you that we are preparing for congresses and convention. The congresses and convention will hold and so, there is nothing like anybody leveraging on that to ensure that congresses do not hold so that some people will remain in office,” he said.

In any case, Oyegun’s ambition may be scuttled, in case the convention doesn’t hold. Presently, there is no love lost between him and Governor Godwin Obaseki of Edo state, including his processor, Comrade Adams Oshiomhole who is widely believed to be scheming to succeed him as national chairman.

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