APC crisis: What next for Buni committee?
Like the proverbial cat with nine lives, the Governor Mai Mala Buni-led Caretaker Committee has survived beyond measure, sequel to the goodwill it enjoys from bigwigs in the party.
This is especially as many believe the committee has recorded significant milestones in its membership drive, amendment of the party’s constitution, which is now awaiting the approval of the national convention and reconciliation of members, among others.
But the legality of the caretaker committee, especially its chairman, was called to question recently when the Supreme Court delivered a split judgement between the candidate of the Peoples Democratic Party (PDP) in the last Ondo State governorship election, Eyitayo Jegede, a Senior Advocate of Nigeria (SAN) and his All Progressives Congress (APC) counterpart, Governor Rotimi Akeredolu.
Legal pundits argued that the little technical point that saved Governor Akeredolu was that Jegede failed to join Governor Buni in the suit.
Jegede was challenging the competence of Buni as a sitting governor to run the affairs of the APC as chairman of the caretaker committee.
Supreme Court verdict sparks fear
The pronouncement by three of the seven Supreme Court justices against the competence of the Buni led committee has sparked furore among party stakeholders, with some stalwarts calling on Buni to step aside in order to “save the party from a possible big fall.”
The Minister of State for Labour, Festus Keyamo (SAN), had cautioned the APC to suspend the scheduled congresses, saying the exercise may end up as futile if challenged before a court.
He said, “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.”
Two aides of President Muhammadu Buhari, Senator Babafemi Ojudu (Special Adviser on Political Matters) and Senator Ita Enang (Senior Special Assistant to the President on Niger Delta Affairs), equally said the party should heed the warning by the apex court justices to avoid having short-lived victory that could be upturned in court.
Forces behind ward congresses
But some key party members and lawyers, including the Deputy President of the Senate, Ovie Omo-Agege, said the Buni-led committee was legitimate and would not be affected by any court judgement now or in the future.
Omo-Agege, in a statement issued prior to the congresses said, “I have, however, taken time to critically digest and juxtapose the divergent views on the issue and came to realise that the mischief makers propagating confusion aimed at misleading our party into a state of disarray did not study the petition filed by Jegede at the lower court.
“It is worthy to note that a decision of court is only an authority for what it decides and nothing more,” he added.
The APC caretaker committee was constituted in June 2020 following the dissolution of the Adams Oshiomhole-led National Working Committee (NWC) over alleged abuse of office.
The National Executive Committee (NEC) had in December 2020 extended its timeline by another six months and directed it to organise a national convention not later than June, 2021. But its timeline was extended indefinitely by President Muhammadu Buhari at the end of June without the approval of the NEC.
Despite the warnings, the party held its ward congresses last Saturday as a prelude to local government and state congresses. This followed a statement issued on July 30 by the secretary of the caretaker committee, Sen John James Akpanudoedehe in Abuja.
The APC scribe explained that the clarification was against the backdrop of personal opinions expressed by some individuals on the status of the committee and its capacity to conduct the congresses.
Some party leaders revealed that the congresses held because the exercise had the backing of Minister for Justice and Attorney General of the Federation, Abubakar Malami.
APC reviews judgement
After receiving a certified copy of the Ondo judgement on Wednesday and reviewing it, a member of the caretaker committee, Prof Tahir Mamman (SAN) said the committee was “on firm ground to proceed with its mandate.”
He said, “that there is no provision in the Electoral Act prescribing any form for forwarding or submission of the sponsored candidate of a political party in an election. Sections 177 and 182 of the 1999 Constitution which make provisions for qualifications and disqualification of candidates for governorship election are exhaustive and leave no room for any addition.
“That no other law/act can be relied upon to disqualify a candidate in an election save for the provisions of Section 182 of the 1999 Constitution.
“The non-compliance with INEC directives (regulations, guidelines or manuals) for the purpose of election but which is not contrary to the provisions of the Electoral Act shall not of itself be a ground in an election petition.
“Paragraph 17(a) of the First Supplementary to Regulations and Guidelines for the Conduct of Elections cannot be relied upon as ground to question the return of a candidate in an election.
“That Mai Mala Buni’s position as Acting Chairman of the Caretaker and Extraordinary Convention Planning Committee is not contrary to the provision of Section 183 of the 1999 Constitution as same is on a temporary basis which is not akin to executive office or paid employment as envisaged by Section 183 of the constitution.”
S/Court has validated Buni committee - APC govs
Similarly, governors elected on the platform of the APC have thrown their weight behind their colleague, Governor Buni and the entire members of the caretaker committee.
The chairman of the Progressives Governors Forum (PGF) and Kebbi State governor, Atiku Bagudu, in a statement on Thursday said the committee had strengthened the party.
The governors argued that the recent judgement of the Supreme Court on Ondo State governorship election had resolved all issues surrounding the caretaker committee and its composition.
The governors, who congratulated Governor Rotimi Akeredolu on his victory at the Supreme Court, also called on party members to support the Buni committee to manage the affairs of the party, which “has minimised distractions from the task of rebuilding the party.”
Part of the statement reads, “We thank the Supreme Court for this landmark judgement, which, among others, has dealt conclusively with the legality of the APC Caretaker and Extraordinary Convention Planning Committee, its composition and all its decisions.”
Options for the APC
Multiple sources in the party confided in our correspondent that despite the legal backing secured by the Buni committee, the party is still weighing other options on how best to nip the situation in the bud.
While some have suggested that the Osun State governor, Isiaka Oyetola; Governor Abubakar Sani Bello of Niger and Buni (Yobe), should be removed from the committee to fultill section 183 of the 1999 Constitution, other members suggested that the committee should be allowed to do its job and convene a national convention, where a new crop of NWC would emerge.
Yet, some stakeholders have argued that only President Muhammadu Buhari, who is the leader of the party and singlehandedly extended their timeline, has the clout to provide a panacea to the logjam.
But an elder statesman and former presidential candidate, Chief Chekwas Okorie, also told our correspondent in a telephone interview yesterday that with the legal backing, the Buni committee should hasten the processes that would lead to a national convention.
Okorie said, “The judgement on Ondo is comforting. It is comforting in the sense that it will not be possible again for the positive actions the caretaker committee has been taking in repositioning the party to be challenged.
“I must admit that the Governor Buni-led committee has done quite a lot for the future of the party in terms of strengthening it and giving it a wide structural base. Those things cannot be taken away from that committee.
“I have also taken time to read the position of the minority judgement. That minority judgement definitely is not the judgement of the Supreme Court; it may not be cited as an authority, but it is an eye opener.
“The victory of Governor Akeredolu was a narrow one and there is no guarantee that if a similar matter comes up again under different circumstances, the authority may continue to stand.
“To that effect, I will urge the party, with every sense of responsibility, to make haste while the sun shines.
“The earlier a new elected executive at all levels come into operation, the better for the party to prepare for the next democratic encounter.”
Similarly, Abdullahi Jalo, a lawyer, also a chieftain of the APC, said in a telephone interview with our correspondent that, “There is a judgement that the stay of the Buni committee is legal. So that buries the entire opposition to his leadership.”
The 13-member caretaker committee has Governor Buni as chairman, Senator Akpanudoedehe (Secretary), Osun State Governor Isiaka Oyetola (South West), Ken Nnamani (South East), Stella Okorete (women rep).
Others are Niger State Governor Sani Bello (North Central), Dr James Lalu (physically challenged), Senator Abubakar Yusuf (Senate rep), Akinyemi Olaide (House of Reps), David Lyon (South-South), Abba Ari (North-West), Professor Tahir Mamman (North-East) and Ismail Ahmed (youth rep).