Fresh Suit: Why Mai Mala Buni Is Illegal – PDP; Wants Him Out As Governor

By Ayodele Oni

The last has not been heard about the split judgement of the Supreme Court, which affirmed the election of Ondo state Governor, Mr Oluwarotimi Akeredolu.

In a marginal verdict four Justices of the Apex Court affirmed the victory of the candidate of the All Progressive Congress, (APC) though they agreed that Governor Mai Mala Buni, ought to have been joined in the suit.

The minority judgement of the three Justices ruled that the suit had merit as the continued stay of Governor Buni, a sitting Governor also doing the job of caretaker chairman of the ruling party, was against the constitution.

Governor Akeredolu, in one of his reactions to the judgement agreed that it could have gone either way.

The judgement has put on hold the conduct of the Congresses of the APC at local and state levels, while the one which was held at the ward level is characterized by protests from aggrieved members, that faulted the process.

And if the Judiciary agrees with a new suit just filed, the ruling party, All Progressives Congress, APC, will lose Yobe State and the Governor   and Deputy, thrown out of office.

The Peoples Democratic Party (PDP) in its quest to reap from the verdict of the Supreme Court, has filed a suit at the Federal High Court in Abuja seeking to effect the removal of Governor Mai Mala Buni as the governor of Yobe State.

Mr Emeka Etiaba, who is a Counsel to the PDP, submitted a four-page originating summons filed at the court on Thursday.

The party prayed the court to make the governor appear before it and defend whether or not he ceased to be governor by accepting to be the Caretaker Committee Chairman of the All Progressives Congress (APC).

Part of the summon stated that Governor Buni has breached the provision of Section 183 of the Constitution when as a governor, he also serves as the ruling party’s caretaker chairman.

Also joined as plaintiffs in the suit marked FHC/ABJ/CS/885/2021 were the Yobe State PDP Governorship Candidate in 2019, Umar Iliya Damagum, and his running mate, Baba Abba Aji.

Listed as defendants were Governor Buni, his deputy, Idi Barde Gubana, the APC, and the Independent National Electoral Commission (INEC).

Before approaching the apex court, Jegede and his party had asked the Court of Appeal in Akure to sack Akeredolu on the ground that his nomination form was signed by Buni, a sitting Governor, performing the duties of national chairman of APC.

They argued that constitutional provision forbade sitting governors from occupying executive offices outside their statutory position.

The appellate court had, however, struck out the appeal for lack of merit. This made the appellants seek redress at the Supreme Court.

But the other three justices disagreed with the majority judgement, saying the appeal filed by the appellants had merit and ought not to be struck out by the appellate court.

Since the judgement, the verdict of the Supreme Court has become a subject of debate on whether a sitting governor can take up a role such as the Caretaker Committee Chairman of the APC.

The suit filed by the PDP on Thursday at the Federal High Court in Abuja is the latest among many other reactions triggered by the decision of the apex court.

Even within the APC, there are divergent views. While some agreed with the Supreme Court minority judgement and called for the dissolution of the caretaker committee, others including the attorney general of the federation, Shehu Malami, insist that the party is on course.

Immediate national chairman of APC an former Governor of Edo state, Mr Adams Oshiomole has rejected calls for his reinstatement to enable him complete processes for the Congresses of the party.