Ondo: Supreme Court Shakes APC, Keyamo Warns Party, PDP Says Suit Had Merit, Jegede Congratulates Governor

By Ayodele Oni

Reactions to the Supreme Court’s split judgment on the Ondo Governorship Election have been coming like claps of thunder. It was a narrow escape for Governor Rotimi Akeredolu,SAN, and his party the All Progressives Congress, APC

The Apex Court had, in a narrow margin of 4 – 3, on Wednesday, July 28, upheld Akeredolu’s  victory  in the polls.

The suit was instituted by the PDP candidate, Eyitayo Jegede, SAN, to challenge the validity of the candidacy of Akeredolu as the PDP candidate during the Primary election.

Jegede had argued that Yobe State Governor, Mai Mala Buni, who functions as the Chairman of the Caretaker Committee of the APC while still a Governor, was not qualified, in law, and going by APC’s constitution, to sign off and endorse Akeredolu as the Party’s flag bearer.

The judgment read by Hon. Justice Mary Peter-Odili, is most likely to have a spiral reverberating effect on the APC, as it has indirectly declared all actions taken the Buni-led Committee, illegal, and thus open to challenge in court.

One of the immediate casualties, among others, could be the APC Congresses scheduled across the nation for this weekend. It has set off red flags within the APC.

And no less a person than Festus Keyamo, Minister of State has warned his Party on the futility of going ahead with the Congress.

In a confidential advisory to the party, which has leaked, Keyamo warns of the dangers in continuing with the Congresses. He wants it suspended, and suggests immediate steps to be taken in order to save the APC from embarrassment and calamity.

And in its reaction, the Peoples Democratic Party (PDP),  said the split judgment by the Supreme Court on the flawed nomination of Ondo state Governor, Governor Akeredolu, showed that there is merit in its appeal against his election as governor.

The party, in a statement by the National Publicity Secretary, Mr Kola Ologbodiyan, noted that the majority judgement as presented by the Supreme Court did not address the impunity in the action of the Yobe Governor, Mai Mala Buni, in functioning as the Chairman of the All Progressives Congress (APC) while at the same time holding office as a sitting governor.

The statement maintained that this was contrary to the provisions of section 183 of the 1999 Constitution (as amended) as well as the constitution of the APC.

“The fact that three justices out of the seven-man panel upheld our position on the illegality of Akeredolu’s nomination confirms that his candidacy as cancerous and a brazen violation of the 1999 Constitution (as amended) as well as the constitution of the APC.

“It is noteworthy that the judgement did not disagree with our position that Mai Mala Buni as Governor of Yobe State cannot function as National Chairman of a political party and nominate a candidate for election to the Independent National Electoral Commission (INEC).

“While our party restates its utmost respect for the institution of the judiciary, especially the Supreme Court, the PDP had expected the Apex Court to stand up as the conscience of our nation by halting the absurdities and impunities being entrench in the political firmament by the APC.

“The quest for a legal pronouncement that will guide the sanctity of our electoral system was the reason the PDP had explored our point of grievance legally to the highest court in the land, in the interest of the nation, and not just because of our candidate, Eyitayo Jegede.

“The PDP however urges our members in Ondo state and Nigerians at large not to allow the development make them lose hope but to remain calm and law-abiding in the general interest of the nation.”

Meanwhile the PDP candidate, Mr Jegede had for the first time congratulated Governor Rotimi Akeredolu for his victory.

In a statement he personally signed, Jegede also restated his belief in the country’s judiciary as last hope of common man.

“Now that we have explored the grievance procedure permitted by the constitution and the law, it is time to give glory to God.

“The outcome of today’s judgement should not deter good and well-meaning individuals from aspiring for leadership in our State…

“With this outcome, our respect and reverence for the judiciary and our justices of the supreme court has not diminished. I congratulate HE Oluwarotimi Akeredolu.”

But in Keyamo’s advisory, the victory has set off red flags. The letter which he, personally, signed in his professional capacity and as a Party member asks that the planned Congresses be halted immediately. He, also, suggested options for the party.

Following is the full text of his letter.

Jegede/ Akeredolu Fallout : APC  Must Halt  Preparations And Conduct Of Congresses Nationwide Forthwith

“The Supreme Court by a narrow split decision today (4-3)held that GOV. AKEREDOLU  cannot be removed as Governor of Ondo State. 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.

Therefore, any other person affected by the actions of the Buni-led Committee will henceforth not fail to join him in any subsequent case in court. These includes any subsequent election matter in any part of this country and all the APC Congresses that are about to hold. The Supreme Court has just weaponised all those that would be aggrieved by the APC Congresses to proceed to court to Challenge the competence of the Buni-led CECPC to organise the Congresses and National Convention. The judiciary will subsequently destroy the entire structure of the Party from bottom to top. We are lucky the Supreme Court has just given us a great and useful hint to save our Party just before the beginning of our Congresses. We cannot gamble with this delicate issue. The time to act is NOW.

WHAT TO DO

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.

FIRST OPTION

Firstly, the NEC of the Party can URGENTLY meet and consider and reconstitute the CECPC to exclude, not only Gov. Buni, but anyone holding ANY executive position in any government establishment as stipulated in Article 17 of the APC Constitution.

WHO SUMMONS NEC NOW AS THERE IS TECHNICALLY NO COMPETENT NATIONAL CHAIRMAN?

“Under Article 25 of the APC Constitution, it is the National Chairman OR TWO-THIRDS OF MEMBERS OF NEC that can Summon a NEC meeting. Since we cannot vouch for the legality of any NEC meeting summoned by MAI MALA now, the safest is to get TWO-THIRDS of NEC members to sign an Invitation to summon a NEC meeting where the CECPC would be reconstituted and our Party would be safe.

SECOND OPTION

“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.

“Above are my humble and respectful suggestions to save our Party from imminent danger in the light of the Supreme Court judgment today. To ignore this and do otherwise would be tantamount to playing with fire and the opposition would simply wait till our Presidential Primaries in 2023 to disqualify our candidate and destroy the party.

I have done my professional bit to the Party. I can do no more.”