Appointment Of Sitting Gov As Caretaker Chairman : Malami Says APC Breached No Law

By Ayodele Oni

Attorney General of the Federation/Minister for Justice, Abubakar Malami, SAN, says the  appointment of Governor Buni as National Chairman Caretaker Committee  of the All Progressive Congress, (APC) did not breach any law.

Malami, in a statement on Monday in Abuja explained that “As the Supreme Court did not make any definite declaration or proclamation on Section 183 of the 1999 Constitution vis-à-vis the position of H.E, Mai Mala Buni as the Chairman of our Party’s CECPC, any speculative interpretations of the instant Supreme Court Judgment go to no issue and should be discountenanced.

“If the issue is submitted to the Court for determination, same will be determined based on a proper construction of the relevant facts and review of evidence.

“The Supreme Court did not consider nor determine the justice of Section 183 of the 1999 Constitution vis-à-vis the peculiar case of the position of H.E, Mai Mala Buni as the Chairman of our Party’s CECPC.

“The foregoing said, needless to state that the determination of the propriety or otherwise of H.E., Mai Mala Buni to function as Chairman of the Party’s CECPC in his capacity as a Member of the Party and Executive Governor of Yobe State, or whether such dual-responsibility amounts to occupying an executive position or paid employment as envisaged under Section 183 of the 1999 Constitution (as amended) is a matter which will have to be specifically submitted to the Court, for proper adjudication before a firm position of the Law can be arrived at in respect thereof.

“However, it remains to be seen how the Court will hold that an ad-hoc caretaker committee chairman exercising the powers of, and subject to the supervision and control of NEC and the Convention of his Party, is occupying an executive position.

“It is trite that Case Law (or judicial precedent) operates under the principle of stare decisis to the effect that the Court must follow and apply the Law as set out in the decisions of higher Courts in previous cases.

“The principle is not inviolable as it is only applicable to the specific stare decisis and not any orbiter dictum in the case. Importantly, a case is also only a judicial precedent for a subsequent case where the facts and circumstances are similar, to avoid a situation where the Court will perpetuate injustice.

“The appointment of Gov. Mala Buni in the circumstances is not irregular and the possibility of any member of the Party to be so appointed is in compliance with the APC Constitution which empowers the National Executive Committee (NEC) of the Party to appoint any Member into any Committee, give such Committee any name and empower it as the NEC may deem fit.

“To further show the meritless nature of the position under review, assuming without conceding that the argument is right, then, it will equally be contrary to the spirit and intent of Section 183 of the Constitution for any sitting Governor to be Chairman of say the Governors’ Forum, Chairman of the Progressive Governors Forum, or any other similar body. This, in my humble view can definitely not be the intention of the drafters of the 1999 Constitution.”

Minister for State, Labour, Festus Keyamo, SAN, thinks otherwise. He had, in the wake of Supreme Court’s Judgement, advised the party to halt the Ward Congresses held on Saturday, July 31. He held the view that the Judgement  rendered Buni’s headship of the Committee illegal.