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APC Putting Everyone at Risk by Endangering Itself

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The Source
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Azu Ishiekwene

By Azu Ishiekwene

The ruling All Progressives Congress (APC) looks determined to set itself on fire, even though the story out there is that the match box has been snatched from the hand of its interim chairman and Yobe State Governor, Mai Mala Buni. The danger still looms.

After toppling the People’s Democratic Party (PDP) government of President Goodluck Jonathan in 2015, the APC turned on itself, feasting on its own entrails. Of course, the winner-takes-all factor in a presidential system can tempt winners to lose their heads. In the case of APC, however, the party lost its head even before it was tempted. That head has been replaced by an echo chamber – and it’s not funny.

Within days of winning the election, cracks surfaced on the post-sharing agreement among members of the legacy parties in 2015. The Congress for Progressive Change (CPC) was supposed to take possession of the “crown” (the presidency), while the Action Congress of Nigeria (ACN) was, roughly speaking, supposed to manage the party.

Positions were also supposed to have been shared on a prorated basis amongst members of the five legacy parties that contributed to APC’s victory to give everyone a sense of belonging and stabilise the government.

That did not happen. After declaring that he was “for everyone and for no one”, President Muhammadu Buhari went on to appoint a transition committee (headed by Ahmed Joda) which froze out nearly everyone except anyone who contributed little or nothing to bring Buhari to power.

It wasn’t long before the party began to fall apart. Buhari ruled a divided government for the first four years, with reverse defections that almost turned his majority party into a minority in the Senate. At a point, his wife and First Lady, Aisha, literally camped with the rebels, saying this was not the government the party rank and file worked for.

The seed of the instability of that early beginning has produced a party that neither resembles a party nor anything remotely close to a collection of people with a shared political interest. It’s more like an assembly of opportunistic strange bedfellows, occasionally worshiping the god of kinetics at a shrine called Aso Rock.

In seven years, APC has evolved into a party with no board of trustees, no governance structure, no idea of its past, or care about its future. It has now produced three chairmen who left at gunpoint after serious allegations of raiding state governors for money during the party’s primaries. The party has scores of wounded former and current members waiting, with long knives, to take their revenge.

Of course, the APC has also attracted some big defectors to its fold, a number of them serving governors, who are at once the mainstay and biggest source of instability in the political parties. But by and large, these political refugees have their eyes firmly on one thing: how they can use what is left of the present system to help or perpetuate themselves. They know that the party they’re joining is not better than the one they’re leaving, except that it offers temporary shelter to their hope of grabbing power, entrenching themselves or escaping accountability.

APC is a party of ironies. The same cane that was used to beat its former chairman, John Oyegun out of office and used again to beat Adams Oshiomhole only two years later, is now being unleashed on Buni, making his predecessors look like saints. Yet, it was not supposed to end this way. After the alleged corruption and inflexibility of the Oyegun years and the alleged multiplication of the sins under Oshiomhole, Buni was supposed to be a breath of fresh air.

He was supposed to be the prince in shining armour recruited on a temporary basis to combine his day job as governor with that of being the party’s messiah. Two years on, the messiah needs a messiah. His adversaries are painting a picture of him that suggests that Oshiomhole should have been made life chairman. The Comrade must be laughing in Etsako.

Not only has Buni, a first-term governor, been accused of deliberately stalling the convention even after three postponements, his accusers say he is doing so because he also wants to be nominated Vice President. In other words, he wants to be a player in a game in which he is supposed to be a referee and to secure his ambition, they allege, he has now procured a court injunction to postpone and postpone the convention until it can produce a consensus candidate of his choice.

A source claimed that it was to avert this coup that Buhari changed his travel plans and returned to Abuja from Kenya first, before continuing to the UK. It would now seem that with Buni’s precipitous removal on Monday, the bomb has been defused and perhaps the worst is over.

Perhaps. But the signs for the party are not looking good. Buni’s supporters who can’t understand why his enemies won’t let him get back home and out of his sick bed before plunging the long knives, have threatened to challenge his removal in court, as if his appointment and overstay were not a travesty which of course we were told was a necessity at the time.

As of the time of writing, Buni, prince charming only yesterday, has become penny stock. Out of 21 APC governors he is left with only three – Dapo Abiodun, Yahaya Bello and Hope Uzodinma. Yet, there is a bitter struggle ahead, all of which shouldn’t be the business of bystanders if the ruling party has not only become a danger to itself but also a danger to bystanders.

The nasty jostling for power among the various blocs in the party involving serving political appointees with disguised interest to run for office and aspirants who have openly declared their interest is matched only by Buhari’s indifference to the outcome of what promises to be a fight to the finish.

A country that once despised President Olusegun Obasanjo for the sort of meddlesomeness that not only offered couples mat but also insisted on showing them how to lie on it, now has to deal with a president who has zero interest in what conjugal arsenal is deployed in the other room. The president’s aloofness even at moments requiring broadmindedness to define the party’s value and character is even more telling because other power blocs that could have provided a countervailing force have been frustrated out of the fold.

The APC is now more or less reduced to an echo chamber, with folks engrossed in the kinetic science of decoding the president’s body language or where that fails deploying his name in fraudulent political transactions. It’s a dizzying turn of fate that has left a vacuum for hijackers and also taken a heavy toll on governance which, in the best of times, has been absent.

While the public is pinning away on long lines outside petrol stations, chafing under shambolic electricity supply, teachers strike and rising prices, all that we hear of these days are politicians telling us why they deserve another shot at office without any need to account for their present record. We also hear incoherent assurances of progress by the president as he waves from the steps of his departing plane on his way to yet another medical trip abroad. It’s hard to ignore the echoes of disarray from the APC tent or to pretend that when the rains fall, it would be APC’s problem alone.

The Third Force with a promise of political redemption so well-articulated early on, remains, well, a third force.

And the state of the official opposition compounds our misery. PDP is not better and is not even pretending to be. The fight for the soul of the party will break out into a shooting war sooner than later. The casualties would not be found largely among politicians who have perfected the art of survival by defection, but among voters who wish in vain that after eight years in the limbo the party would become a truly viable option.

I laugh at those who expect a dramatic outcome from Buni’s current travail. It won’t happen. Buni, like Oyegun and Oshiomhole before him, will survive the current turbulence, even if he does so with a few bruises.

As for the party’s future, the answer is blowing in the wind.

Ishiekwene is Editor-In-Chief of LEADERSHIP

CNPP Hails Senate Over Rejection Of Buhari’s Request To Delete Clause 84(12) Of Electoral Act

By
The Source
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Chief Willy Ezugwu

Conference of Nigeria Political Parties (CNPP) has said it’s happy with the rejection of the bill seeking to amend the contentious clause in Section 84(12) of the amended electoral act, saying that “the Senate has for once chosen to be in tune with the demands of the people without a fight.”

President Muhammadu Buhari had while assenting to the amended Electoral Act requested the removal of Clause 84 (12) of the act.

However, the umbrella body of all registered political parties and political associations in the country, in a statement signed by its Secretary General, Chief Willy Ezugwu, said that “allowing clause 84 (12) stay in line with the demands of the people has brought in equity in the electoral process in Nigeria.

“It is an anomaly for the appointees of the Executive to become delegates in primary elections or be contesting for any position in the process of electing candidates in any election without first resigning their positions.

“The CNPP, therefore, urges Nigerians to maintain vigilance ahead of the 2023 general elections in other to continue to safeguard the country’s democracy.

“Should the National Assembly remain resolute on the side of the electorates, their sins of rubber stamping legislative functions before now shall be forgiven”, the statement read.

Obasanjo Applauds Uzodimma, Makes Case For Youths

By
The Source
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Obasanjo and Hope

Nigeria’s former President, Chief Olusegun Obasanjo has commended Governor Hope Uzodimma on the good work he is doing in Imo State and urged him not to ignore the youths regardless of how bad their behaviour may seem.

Obasanjo spoke on Tuesday at the Banquet Hall of Imo State Government, Owerri during a dinner in his honour by the Governor to mark the former President’s 85th birthday.

The former President thanked Governor Uzodimma for honouring him and for accepting to be his host, saying he was deeply touched by the reception by the Imo State First family.

He tacitly reminded the Governor that his name – Hope – means a lot and that “life without hope is meaningless.”

Explaining that his own personal life revolves around hope, faith in God and love for humanilty, Obasanjo who said he was satisfied with the steps Governor Uzodimma had taken so far to ensure there is peace in Imo State, admonished the Governor to work extra hard to find a lasting solution to the state of insecurity in Imo State by engaging the bad boys, regardless of who they are.

He identified three categories of bad boys as: those genuinely frustrated and angry, those who are being sponsored by politicians for political vendetta and those who by nature are criminally-minded and wired to act true to type.

Obasanjo used the opportunity to advise politicians to resolve all their differences through dialogue and without recourse to acts that would impact negatively on the society.

Speaking generally on the menace of insecurity, Obasanjo advised that “we have to find a solution if insecurity remains a problem in our society,” insisting that “for the genuinely frustrated/ militants, we have to learn to deal with them by talking to them.”

In his remarks, Governor Uzodimma said he was grateful of the opportunity and excited to receive Obasanjo whom he described as “our great leader” based on his Pan Nigerian disposition.

Governor Uzodimma said: “God has already given him long life. We owe him our prayers always. The Government and people of Imo State are happy he is In our State. Our loyalty to you is undiluted because you have paid your dues.”

Governor Uzodimma who said he had to excuse himself from a crucial meeting in Abuja to receive Obasanjo noted that he was grateful he did. “Thank you for all the support you have given to me.”

The highlight of the dinner was the presentation of a birthday cake to Obasanjo by the Governor’s wife, Barr. Mrs. Chioma Uzodimma.

Obasanjo was assisted to cut the cake by the Governor’s wife, Barr. Mrs. Chioma Uzodimma, Deputy Governor of Imo State, Prof Placid Njoku and his wife, Dr. Bola Njoku, Speaker of the House of Assembly, Rt. Hon Kennedy Ibe, former Governor of Imo State, Dr. Ikedi Ohakim, Chaiman of Imo State Elders Council, HRH Eze Dr. Cletus Ilomuanya, Chairman of Imo State Council of traditional rulers, Eze Dr. EC Okeke among others while the Governor moderated the cutting.

The dinner was attended by many dignitaries including chieftains of the Ohanaeze Ndigbo Worldwide, the Commissioner of Police in Imo State, the Commandant of the 34 Brigade Command, Obinze and his colleague from the Navy Command in Owerri, top government

Umahi Assembles 17 SANs To Fight His Sack; Files Stay Of Execution; Threatens Lawyers

By
Adesina Soyooye
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0

By Adesina Soyooye

Ebonyi State Governor, Dave Umahi, has filed against the execution of the Court Judgment which sacked him and his Deputy, Kelechi Igwe, from office. He is also threatening to report, for discipline, the Counsels to the Plaintiff, PDP, for allegedly misleading the Hon. Judge, and the PDP for distracting his administration.

The Honourable Justice Inyang Ekwo of the Federal High Court, Abuja, had, on Tuesday, March 8, 2022, sacked both men from office for defecting from the Peoples Democratic Party, PDP, the party under which they were elected into office, to the All Progressives Congress, APC. The Judge, who also sacked 15 members of the Ebonyi State House of Assembly for the same reason, said they couldn’t possibly transfer the votes cast for them under the PDP to the APC  because, having jettisoned the PDP, they have also jettisoned the votes.

After an uncouth reaction to  the judgment which has attracted a strong condemnation from the Nigeria Bar Association, NBA, and a request for a retraction and apology, Umahi has approached the Court of Appeal to reverse the judgment. He has, also, filed for a stay of execution.

Addressing hundreds of Party faithfuls who trooped to the Udensi Roundabout, Abakiliki  to show him solidarity, Umahi told them that the judgement was in error. He told them that he has already appealed against it with an unprecedented number of Senior Advocates of Nigeria, SAN – 17 of them!

Insisting that he had no regrets defecting to the APC from the PDP, he, in his usual manner said he would  deal with the PDP for distracting him. He also threatened  to petition the NBA, against PDP Counsels for Forum shopping.

Umahi: ” I am still the Governor of Ebonyi State, and I’m still working. I said the Lawyers of PDP are the ones doing Forum shopping, and I’m going to write against the Lawyers to NBA to discipline them because the Judge was misled. The blame was not on the Judge. The blame is on the Lawyers who misled the Judge.”

He denied castigating Justice Ekwo, an action for which NBA has asked for an apology and a retraction from him.

Umahi: “I’m using this opportunity to let Nigerians know that nobody castigated the Judge and we will not because the matter was not before the Judge.

“Today, we have appealed the judgment.  We have done three things. We have gone on appeal at Enugu, and when I say that, we have two  judgements, I say that the judgement in Ebonyi State has equal powers with that of Abuja. We said we will obey the judgment in Enugu State. We will appeal the judgment in Abuja. We didn’t say we will disobey, otherwise we would not have appealed.

“We are before the Appeal Courts in Enugu and Abuja. We have also filed a stay of execution. So, we are still the Governor and Deputy Governor of Ebonyi State.”

Umahi had in his reaction to Hon Justice Ekwo’s judgment on Tuesday, March 8, called the Judge a “hatchet man”,  the judgment, “jungle judgment,” and dismissed it as “null and void”.

NBA: Umahi’s Statement On His Removal, A National Embarrassment; Demands Apology, Retraction

By
Ayodele Oni
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0

By Ayodele Oni

The Nigeria Bar Association, (NBA) has condemned, and  described as unfortunate, embarrassing , and totally unacceptable, the reaction of the Ebonyi State Governor David Umahi to the Judgment of the Federal High Court, Abuja which removed him and his Deputy, Kelechi Igwe, from office.

Justice Inyang Ekwo had ordered the Umahi and Igwe to vacate the offices of Ebonyi State on grounds of their defection from the Peoples’ Democratic Party, (PDP) to the All Progressives Congress, (APC).

But reacting to the development, Umahi had performed beneath contempt, using words unbecoming of his status to dismiss both the Honourable Jugde and the judgment.

Not a few people were shocked at the language the Governor deployed.

Shocked, the President of the NBA,  Olumide Akpata,  in a statement, posited that Governor Umahi, in the course of the Press Conference, threw caution to the wind and deployed very uncomplimentary adjectives and intemperate language in condemning both the judgment and Justice Ekwo, “including but not limited to describing the Judgment as “jungle justice” and His Lordship as “a hatchet man”.

The President of the Bar stated that Umahi accused the Court of “murdering justice” and also “arrogated to himself the judicial powers and magisterial authority to declare the judgment of a court of competent jurisdiction as null and void, while unashamedly declaring his intention to disregard the Judgment in favour of another.”

The NBA described the reaction of the Governor “as  impunity of the highest order and executive rascality taken too far.”

The statement pointed out that the NBA has absolutely no interest in the outcome of the case in question and will continue to stay away from partisan politics.

“It is inconceivable that this Association that is charged with upholding the rule of law and defending the Judiciary would sit idly by in the face of this unprovoked and totally unwarranted attack on the Judiciary.”

It maintained  that appropriate action would be taken to protect the sanctity of the Judiciary.

The NBA added that “without equivocation, Umahi’s unfortunate diatribe which, if it had emanated from an average litigant, would still have been regarded as shocking, but coming from one who occupies the exalted office of a State Governor, is nothing short of a national embarrassment.”

The NBA, therefore, demanded  “an immediate apology from Governor David Umahi and a retraction of the comments  made against the person and judgment of the  Justice Inyang Ekwo of the Federal High Court.”

The statement reads in part:

“Following the judgment, Umahi, in the course of a Press conference -video evidence of which is currently making the rounds on both both new and mainstream media – threw caution to the wind and deployed very uncomplimentary adjectives and intemperate language in characterising both the judgment and Hon. Justice Inyang Ekwo, including, but not limited to describing the judgment as ‘jungle justice’ and His Lordship as a ‘hatchet man’.

“As if these were not enough,  Engr. Umahi accused the Court of ‘murdering justice’, and also arrogated to himself judicial powers and magisterial authority to declare the judgment of a Court of competent jurisdiction as null and void while unashamedly declaring his intention to disregard the judgment in favour of another.

“To put it mildly, this is impunity of the highest order and executive rascality taken too far.

“While the NBA has absolutely no interest in the outcome of the case in question, and will continue to stay away from partisan politics, it is inconceivable that this Association that is charged with upholding the rule of law, and defending the Judiciary will sit idly by in the face of this unprovoked and totally unwarranted attack on the Judiciary.

“Indeed, the Leadership of the NBA, has been inundated with calls from a cross-section of well-meaning Nigerians who are understandably outraged by the utterances of Engr Dave Umahi, and who have rightly demanded that appropriate action be taken to protect the sanctity of the Judiciary.

“It is for this reason that we condemn, without equivocation, Engr. Umahi’s  unfortunate diatribe, which if it had emanated from an average litigant, would still have been regarded as shocking. But coming from one who occupies the exalted office of a State Governor, is nothing short of a national embarrassment.

“In the wake of the judgment, one would have expected Engr Umahi to sue for calm from his supporters, and to assure them that all legal and constitutional avenues would be explored to challenge the judgment.

“For H.E. Umahi to, instead resort to attacking and challenging the high office of a Judge in this unprecedented manner is disgraceful, undemocratic, and completely unacceptable.

“As Kayode Eso, JSC,of blessed memory famously noted, ‘the essence of the rule of law is that it should never operate under the rule of force or fear’.

“We view Engr. Umahi’s reaction to this judgment  as being consistent  with the current penchant of the Executive arm of Government for intimidating  the Judiciary while taking advantage of the historical reluctance of that arm to rise to its own defence.

“In light of the foregoing, the NBA hereby demands an immediate apology from HE Engr. Dave Umahi, and a retraction of the comments he made against the person and judgment of the Hon.Justice Inyang Ekwo of the Federal High Court.  It is also our demand that the apology and retraction be given as much media coverage as the Press Conference where the unfortunate comments were made.”

Umahi has yet to react to NBA’s position.

Buhari’s Ministers Panic As Senate Insist On Electoral Act

By
Tosin Olatokunbo
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0

By Tosin Olatokunbo

The Nigerian Senate has snubbed President Muhammadu Buhari request to amend the Electoral Bill. The Upper legislative chamber, on Wednesday, voted overwhelmingly against an executive bill meant to amend the Act recently signed by President Buhari.

Buhari had while signing the bill urged the senate to amend Section 84(12) of the Act which made it mandatory for any government appointee to first resign from office before contesting any election.

The section reads, “no political appointee at any level shall be a voting delegate or be voted for at the convention or congress of any political party for the purpose of the nomination of candidates for any election”.

The president, however, expressed his reservation on “one provision as contained in the proposed bill, whose provision constitutes a fundamental defect, as it is in conflict with extant constitutional provisions,” appealing to the national assembly to amend the section.

“Section 84 (12) constitutes a disenfranchisement of serving political office holders from voting or being voted for at conventions or congresses of any political party, for the purpose of the nomination of candidates for any election in cases where it holds earlier than 30 days to the national election,” the president said.

But the Senate has now voted for the section to remain after Senate President Ahmad Lawan called for a voice vote on Wednesday.

Not a few ranking senators including Adamu Aliero and Senate Leader spoke against the amendment. While voicing his opposition to the amendment, Senator Aliero, for instance, cited order 52(5) of the Senate Standing Rules, urging the President of the Sebate to throw away the proposed action on the Bill.

The Senate had earlier rejected a court order stopping the Senate not to proceed with the amendment in line with President Buhari’s request.

Meanwhile, close watchers of political development in the country say some political appointees in Buhari’s government, including ministers and special advisers who are nursing political ambition would be shocked by the senate position on the issue.

Ahead Of APC National Convention: Akeredoku Harps On Internal Democracy

By
Ayodele Oni
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0

By Ayodele Oni

Ondo State Governor, Mr Oluwarotimi Akeredolu, SAN, has stressed the need for the All Progressives Congress (APC) to sustain internal democracy in the conduct of its forthcoming national convention slated for March 26.

Governor Akeredolu noted that APC must represent a democratic institution that everyone will appreciate, adding that the party can not afford to throw away its chances ahead of the general elections.

The Governor spoke in Akure, when he received the Senator Sani Musa campaign organization for APC national chairmanship.

Senator Musa, who is representing Niger East Senatorial District and Senate Services Committee chairman, visited Governor Akeredolu for consultation and to seek support of the Governor for his aspiration to become APC national chairman.

The Governor declared support for zoning as a mechanism for achieving balance and harped on the need for the APC to show its values through internal democracy for the sake of credibility.

“What we are faced with now, for me, is the soul of our party. My party, your party, our party. You have alluded to it that a number of people came together to form alliances to unseat a government that was in power for over sixteen years. We have the legacy parties and other people joined.

“We got that mass of people to come together. We were able to change the narrative about politics. We took the bull by the horn.

“We have not been in office up to eight years. We can not afford to throw away our chances. We must get our acts together as a political party.

“We must have values. What are our core values? Do we want to represent a democratic institution that everyone would appreciate? Let’s create that niche for ourselves.

“I’m not opposed to zoning of offices because there must be mechanism for balance. For me, I have nothing against zoning. What I have said, and that is why I will continue to encourage you, is that there must be internal democracy.”

Governor Akeredolu attributed the recent victory of the APC in the Akure North and Akure South Federal Constituency by-election to the internal democracy that was employed to elect the party’s candidate who later enjoyed support from other aspirants.

He assured that the Ondo State chapter of the party will make efforts to ensure that there is equity, fairness in whatever activities it engages in.

Earlier, Senator Musa said his decision to visit the Governor was due to his importance in the party and how he has held his ideas very strongly.

“We know how you want this country to be united, a country where there is equity, fairness and justice. You want a country where everyone of us will believe that Nigeria is for us all.

“I am in line with your ideas and I believe, if we can translate same to our political party, we will be one.”

The lawmaker explained that  his passion is to build a political party that is an institution whereby party leadership or those that operate the party base everything they do on the rule of law, and internal democracy.

“Political parties are supposed to be platforms where government policies are being designed and proffered for implementation to those that will be elected.

“I think political parties should be where there will be interaction. It is not only in universities that we do research and adopt strategies. Political parties should be able to do that.

“I will commend you for the fact that you have chosen to have your ideology and you have adopted that in this State. Whatever anyone will say, you are doing very well, and those are the type of leadership we should be able to give our people.

“This party needs a decisive leader. It is not by age or by figure or by physical look. It is by your antecedents and how strong you can be.

“The devolution of powers we are talking about, the party has done something. But still, nobody has the gut to implement it.

“We need a country. We need our people to believe that God has destined us to have everything and we can make it. Nobody will come to make it for us. I present myself to you, Mr. Governor, to seek your support in the forthcoming National Convention.”

Sacking Umahi: The Hon. Court Erred In Law

By
The Source
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0

By Mike Ozekhome

“Political party canvasses votes on behalf of the candidate. In other words, a political party is nothing more than an agent of the candidate.”

I have just read social media publications regarding the judgment delivered today by the respected Honourable Justice Inyang Ekwo of the Federal High Court, Abuja.

I am of the firm belief that the judgment, shredded of all legal and factual details, cannot stand the acid test of constitutionalism, nor pass the furnace of appellate courts scrutiny.

This is because the tenure of office of a Governor and his Deputy are constitutional matters.

The judgment is said to have sacked Governor David Umahi and his Deputy, Eric Kelechi Igwe from their offices. He cited section 221 of the Constitution, which merely prohibits political activities by certain associations which are not political parties from canvassing for votes or contributing to elections expenses of any candidate at any election. The Judge ordered the PDP to immediately send names of replacements to INEC so that fresh elections can be conducted. He also ordered INEC to cease recognising Umahi and Igwe as Governor and Deputy Governor, respectively, of Ebonyi State.

The learned trial Judge further held that the 393, 042 votes polled by Umahi in the March 9, 2019 governorship election belonged to the PDP and cannot be legally transferred to the APC upon defection, and that there is no constitutional provision that made the ballot transferable from one party to another. He therefore order INEC to conduct fresh election in accordance with section 177(c) of the Constitution. Not so fast, the enforcement of this judgment.

The Governor and his Deputy have 90 days to appeal this decision under section 25(2), (a) of the Court of Appeal Act, it is their right under sections 240 and 241, of the Constitution, the judgment being a final one.

Perhaps, the Jurist’s learned attention was not drawn to appellate decisions on this type of matter, which under the doctrine of stare decisis and judicial precedent, he ought to have followed meticulously. He may also not have been availed of the clear provisions of sections 180 and 188 of the 1999 Constitution.

WHO VOTES AT AN ELECTION?

It is not only the registered voters of a political party that cast their votes for a President, Vice President, Governor or Deputy Governor. Many non-politically partisan persons also vote; just like opposition party members who may prefer a particular candidate even though not in their party. It is therefore not correct to hold that votes scored by a candidates belong to a political party and therefore not transferable.

The courts have since gone over the era of Amaechi V. INEC, where the Supreme Court had held that votes cast in an election belong to a political party. Section 141 of the Electoral Act, 2010, as altered that section, by providing that for a candidate to become Governor, he must have participated at all stages of the election. This includes primaries and the general governorship election.

VOTES BELONG TO INDIVIDUALS, NOT POLITICAL PARTY

The appellate courts have since held again and again that votes cast in an election belong to a live candidate, and not the political party which merely serves as a vehicle that enthrones candidates.

The Judge in his Judgment had agreed with the PDP which relied on sections 221, 177(c), 106(d) and 65(2)(b) of the Constitution to substantiate its argument that votes belong to the political parties; and it is impossible for candidates to exist without a political party. The case of NGIGE V. AKUNYILI (2012) 15 NWLR (PT.1323) 343 @ 357-376, which came much later over rule this position. The court held in that case that:

“…it is my considered view that the Appellant in relying on the provision quoted above (section 211 of the Constitution), has conveniently lost sight of the underlined words which show that a political party canvasses for votes on behalf of the candidate. In other words that a political party is nothing more than an agent of the candidate in gathering votes for an election.

It is my further view that is against the backdrop of this, that the Electoral Act (Supra) requires the candidate (and not the party of the candidate) that has the highest number of votes at an election to be declared as the winner of the said election and further provides for the means of challenging the return of the candidate (and not his political party…”(Emphasis supplied).

In a more recent decision, the Court of Appeal in the case of NWANKWO & ANOR v. INEC & ORS (2019) LPELR-48862(CA) held thus:

“… It is trite that it is only a natural person that can be lawfully declared and returned as a winner of an election. The Electoral Act, 2010 (as amended) only contemplates the declaration and return of a candidate in an election and not a political party”.

The authorities cited above have, for all intents and purposes, rested the issue as to whether it is the candidate or the party that owns the votes. The party only serves as a vehicle and nothing more. The judgment is therefore liable to be upturned on appeal.

Thus, the Amaechi case position has since been overtaken by the  2010 amendment to the Electoral Act and recent decisions of the Court of Appeal and Supreme Court, which have now vested the votes on the candidate and no longer on the political party as wrongly held by Justice Ekwo.

While interpreting section 141 of the Electoral Act, 2010, in CPC & ANOR v. OMBUGADU & ANOR (2013) LPELR-21007(SC), the Supreme Court held thus:

“Section 141 of the Electoral Act 2010 (as amended) provides in unmistaken terms: “An election tribunal or court shall not under any circumstance declare any person Winner of an election in which such a person has not fully participated in all the stages of the said election.”

By the above provision, the National Assembly has set aside the decision of this court in Amaechi v. INEC (2008) 5 NWLR (Pt. 1080) page 227 at 296. Contrary to the decision of this court in Amaechi’s case, the implication of section 141 of the Electoral Act, 2010 (as amended) is that while a candidate at an election must be sponsored by a political party, the candidate who stands to win or lose the election is the candidate and not the political party that sponsored him. In other words, parties do not contest, win or lose election directly; they do so by the candidates they sponsored and before a person can be returned as elected by a tribunal or court, that person must have fully participated in all the stages of the election, starting from nomination to the actual voting.” Per NWALI SYLVESTER NGWUTA, JSC (Pp 51 – 51 Paras B – F).(Emphasis Supplied).

Relying on the judgment cited above, the Supreme Court held thus in the case of OZOMGBACHI v. AMADI & ORS (2018) LPELR-45152(SC), held as follows:

“…I believe the Supreme Court has laid to rest the contention that it is the political party which contests and wins an election. In C.P.C. v OMBUGADU (2013) 18 NWLR (Pt. 1385), the court was categorical that individuals as candidates win election and not the political parties.” Per MARY UKAEGO PETER-ODILI, JSC (Pp. 48 – 49 Paras E – A).

In HARUNA v. APC & ORS (2019) LPELR-47777(CA), the Court of Appeal held thus amongst several others:

 

“In other words, parties do not contest, win or lose election directly; they do so by the candidates they sponsored and before a person can be returned as elected by a tribunal or court, that person must have fully participated in all the stages of the election starting from nomination to the actual voting.” Per UGO, J.C.A. (Pp. 12-27, Paras. F-F).(Emphasis supplied).

The court further held thus:

“The implication of section 141 of the Electoral Act 2010 (as amended) is that while a candidate at an election must be sponsored by a political party, the candidate who stands to win or lose the election is the candidate and not the political party that sponsored him” Per UGO, J.C.A. (Pp. 12-27, Paras. F-F). (Emphasis Supplied).

I therefore most respectfully submit (as held by appellate courts) that a political party is merely a vehicle in which a candidate can ride to contest an election and nothing more.

The votes belong to the candidate and not the political party. The political party ceases to have any considerable relevance or insolence over a person that has won an election and has been sworn in as a legislator, Governor or President of the entire people, who are far larger than a mere political party.

THE APEX COURT SPEAKS

More poignantly, the apex court has since laid to rest, the question of whether the President and Vice President (and by parity, Governor and Deputy Governor) can defect from the original party that sponsored them during election to another party. This was the case of AG, Federation v. Atiku Abubakar (2007) 10 NWLR (Pt.1041) 1, 29.

Briefly, the facts of this case are that Abubakar Atiku (then Vice President) entered into a frosty relationship with his boss, President Olusegun

Obasanjo, after both had been sworn in on 29th May, 2003. Atiku then resigned from the PDP and joined the Action Congress (AC) whilst still in office as Vice President. Obasanjo would brood none of this, as he promptly declared Atiku’s seat vacant as Vice President of the Federal Republic of Nigeria. Atiku, being aggrieved, sued the Attorney General, the IGP and INEC, by way of Originating Summons at the Court of Appeal.

After briefs were exchanged and argument proffered, the intermediate court unanimously held in favour of Atiku. It held that Atiku could defect without losing his seat. Dissatisfied, the A.G and others appealed to the Supreme Court which unanimously dismissed the appeal.

The law is that the Vice President could only be removed from office by reason of death; or when he is succeeded after spending 4 years in office; or through removal from office by impeachment proceedings under section 188 of the 1999 Constitution. Indeed, the apex court held in that case that the power to remove the President and Vice President (and by parity Governor and Deputy Governor) is provided for in section 143 of the Constitution (read section 188 in the case of Governor and Deputy Governor). The Supreme Court held as follows:

“The 1999 Constitution does not provide that the President or Vice-President of the Federal Republic of Nigeria shall be removed or is removable from that office if he defects from the political party on whose platform he was elected to that office and joins another political party……….

“It is manifest from the provisions of sections 68(1)(g) and 109(1)(g) of the 1999 Constitution that the makers of the Constitution intended to; and indeed made punishable the defection of a member of the Senate, House of Representatives or a House of Assembly from the political party that sponsored him into another party before the expiration of the period for which the legislative house was elected by declaring the seat of such member vacant.

However, no similar provision is made for the Vice-President. In other words, if the makers of the Constitution had intended the Vice-President or the President to suffer the same fate as a member of the Senate, House of Assembly, they would have inserted such provision in the Constitution in clear terms………

“It seems clear to me that the Latin maxims: expression unius personae vel rei, est exclusion alterius or inclusion unius est exclusion alterius- when translated into English Language mean: the express mention of one person or thing is the exclusion of another or the inclusion of one is the exclusion of another; respectively- are very much apposite here; see the cases of military governor of Ondo State v. Adewunmi (1988) 3 NWLR (Pt. 82) 280 and Attorney-General Bendel State v. Aideyan (1989) 4 NWLR (Pt. 118) 646 where the maxims were considered.

“Had the lawmakers been minded that punishment or consequence of political cross-carpeting should be applicable to the President or Vice-President as they have done in respect of a member of the Senate or of the House of Representatives or even a member of the House of Representatives or even a member of the House of Assembly in the aforesaid provisions of sections 68(1)(g) and 109(1)(g) would have stipulated same in an unmistakable term in section 146 of the 1999 Constitution quoted above”.

Continued the Supreme Court:

“By virtue of section 40 of the 1999 Constitution, it is unconstitutional to deny a citizen of Nigeria the right to opt out of any political party, or the right to join or belong to any political party, trade union or any other association for the protection of his interest provided that the political party is recognized by the Independent National Electoral Commission. In the instant case, it was not shown by credible evidence that the political party to which the 1st respondent defected was not recognized by the Independent National Electoral Commission. In the circumstance, the 1st respondent ought not to be penalized for joining the political party”.

“1st respondent is alleged to have defected or cross-carpeted to another political party. Although defection or cross-Carpeting to another party or dumping the original party that sponsored one for election to a particular office which is created by the Constitution, or in the same vein, condemning or criticizing that party or its members who by virtue of the same election hold some offices created by the Constitution, is painful, unconscionable, and immoral, it is however not illegal. I cannot find any fault with the lower court’s adumbration on section 40 of the Constitution of the Federal Republic of Nigeria, 1999, Chapter IV thereof, which guarantees a citizen of this country freedom of association”. (Underline mine for emphasis).

COULD THE GOVERNOR AND HIS DEPUTY HAVE BEEN SUED IN THE FIRST CASE?

Another stormy tumble and rumble the present judgment will run into is section 308 of the Constitution which grants absolute immunity to the President, Vice President, Governor and Deputy Governor from being proceeded against in any civil or criminal proceedings.

The only the exception is section 308(2) which permits proceedings against this set of people when they are sued only in their official capacity, or a nominal party.

The case against Umahi and his Deputy were in their personal capacities as human beings who had defected from the PDP to the APC, See Tinubu v IMB Securities Plc (2001) LPELR -3248(SC), I.C.S. (Nig) Ltd v. Balton B. V. (2003) 8 NWLR (Pt.822) 223, Fabunmi v. IGP & Anor.

Consequently, no civil or criminal proceedings could ever sustain against this set of persons, whilst still holding office. Indeed, in the words of section 308(1), “no civil or criminal proceedings shall be instituted or continued against a person to whom this section applies during his period in office”. More significantly, “no process of any court requiring or compelling the appearance of a person to whom this section applies, shall be applied for or issued”.

This was why in Global Excellence Communications Ltd & Ors v. Donald Duke (2007) LPELR – 1323 (SC), The apex court lamented that “section 308 of the Constitution confers absolute immunity on those therein mentioned, without a corresponding disability on them to the exercise of their rights to institute actions in their personal capacities in any relevant court of law for redress during their tenure of office”.

Our discussion here is about the “lex Lata” (the law as it is); and not the “delege ferenda” (the law as we would want it to be. No sentiments or lachrymal effusion here. The Governor and his Deputy could not have been sued at all, to be removed from office for defecting, this not being a pre-election or post-election matter covered by the Fourth alteration to the Constitution, and which expired well over two years ago. The court made it clear in EJURA V. IDRIS & ORS (2006) LPELR -5827 (CA), where the court held:

“The 1st Respondent, the Governor of Kogi State can only be removed by a successful petition heard by an Election Petition Tribunal.  Where, as in the instant case the Appellant sought to remove the Governor, by an Originating Summons filed before the Federal High Court, the provisions of section 308 of the Constitution protects the Governor from such a civil proceeding notwithstanding the provisions of section 21(5) of the Electoral Act.

The trial Judge was right to decline jurisdiction in the light of the clear provisions of section 308 of the Constitution.”  Per RHODES-VIVOUR, J.C.A (as he then was)(Pp. 15-19 paras. F). (Emphasis mine).

This was what was done in the Umahi case.

Going by the above plethora of authorities, I humbly submit that a Governor already sworn in can not be removed by the Federal High Court through an Originating Summons. It will surely be set aside on appeal. Mark my words.

OZEKHOME, SAN,  wrote this in reaction to the sacking of Ebonyi State Governor, Dave Umahi, and his Deputy, Kelechi Igwe, on March 8, 2022 by the Hon. Justice Inyang Ekwo of an Abuja High Court over their defection from the PDP to the APC

How Former Super Eagles Player, Justice Christopher, Died In Hotel Room

By
Akinwale Kasali
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0
Justice Christopher

By Akinwale Kasali

The nation’s football community has been thrown into mourning, following the death of former Super Eagles defender, Justice Christopher.

The 40-Year Old died in the early hours of Wednesday, 9th March, 2022, when he slumped in his hotel room located in Gwolshe, off Tudunwada Ring road, Jos, Plateau State.

It was gathered from close associates of the former player that he was managing high blood pressure, thought to be mild.

The deceased was seen on Tuesday in company of his friends full of life and never showed any sign of serious health challenge.

Though the Plateau Police Command is yet to confirm his death, his body has been deposited at the Plateau Specialists hospital.

A source said autopsy is being expected to be conducted at the hospital before he is buried.

The late Christopher made his debut for the Super Eagles in 2001 and went on to accumulate 11 appearances.

He was part of the Nigerian squad that went to the 2002 World Cup in Korea/Japan.

Christopher began his senior career at Katsina United in 1999. Following spells at Sharks and Bendel Insurance, he moved to Belgium in 2001 when he signed for Royal Antwerp.

He also played for Levski Sofia in Bulgaria, Swedish club Trelleborgs FF, Alania Vladikavkaz in Russia and Herfølge BK in Denmark before announcing his retirement from football at the end of the 2006/2007 season.

He, however, returned and signed for Nasarawa United in October 2012. He has been with the Nigeria Professional Football League (NPFL) club ever since.

NIMASA, NiMet sign MoU On Safe Navigation

By
Tosin Olatokunbo
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0

By Tosin Olatokunbo

The Nigerian Maritime Administration and Safety Agency, NIMASA and Nigerian Meteorological Agency , NiMet, have signed a Memorandum of Understanding, MoU setting out areas of collaboration in weather forecasting and climate research.

Director General NIMASA, Dr Bashir Jamoh and his counterpart from NiMet, Prof Mansur Bako Matazu signed on behalf of both Agencies of government.

The MoU is designed as a framework for NiMet to provide meteorological services for NIMASA to improve the welfare of Seafarers and Safety of navigation of vessels in Nigerian territorial waters in line with recommendations of the International Maritime Organization.

Speaking shortly after the signing ceremony, NIMASA Director General, Dr. Bashir Jamoh expressed confidence that the forecast for maritime safety and security through NiMet from NIMASA, would not only improve safety of navigation in Nigerian waters, but will greatly enhance the confidence of the international community in the Nigerian maritime sector.

According to Jamoh, “The objective of the MoU between NIMASA and NiMet is to enhance the capacity of both Agencies with a view to providing relevant meteorological services to seafarers and ocean going vessels that will allow sustainable development of the marine environment and delivery of products and services to the various sectors related to maritime safety, security, marine environment protection and other maritime activities.”

“it is clear that the collaboration between NIMASA and NiMet will help the maritime sector fill the gaps earlier identified by the International Maritime Organization during it’s last audit of the country’s maritime space”,He said.

On his part, the Director-General of NiMet, Prof Matazu, assured that the maritime industry would soon benefit from the partnership in the same way that the aviation sector has been benefiting from NiMet’s services.

“Recently, Nimet invested over 720 million naira in equipment for maritime services. We are fully ready to make our services count in the maritime sector and we are sure that the maritime community globally is proud of this Nigerian initiative,” he said.

As part of the MoU, NIMASA undertakes to provide the mechanism for the dissemination of marine meteorological information to seafarers; make provision for calibration, consultancy, and certification of instruments and equipment as well as to ensure periodic training of staff engaged in meteorological observation.

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