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S’Court’s Judgement On Buni Throws APC In Disarray
There is fear among the leadership of the ruling All Progressives Congress (APC) following the findings by the Supreme Court that the Chairmanship of the party under Governor Mai Mala Buni of Yobe State was unlawful and unconstitutional.
Seven Justices of the apex court had held that Buni’s position as an incumbent executive governor and also as acting caretaker chairman of APC at the same time contradicts and violates the Constitution of Nigeria and that of the party.
The revelation by the Supreme Court emanated in the judgement on the appeal marked: SC/448/21; including the cross-appeals marked: SC/501/21; SC/508/21 and SC/509/21.
Justices Emmanuel Agim, John Okoro, Lawal Garba, Tijani Abubakar, Mary Peter-Odili, Ejembi Eko and Mohammed Saulawa gave the judgement in Abuja.
They said the position of the law in the appeal filed before them by the candidate of the Peoples’ Democratic Party (PDP) in the Ondo election, Eyitayo Jegede SAN, in which they challenged the competence of Oluwarotimi Akeredolu’s nomination/sponsorship for the election by the APC, claiming that the letter conveying his nomination/sponsorship to the Independent National Electoral Commission (INEC) was incompetent, having been signed by Buni and others.
Jegede and PDP contended that by the provision of Section 183 of the 1999 Constitution and Article 17 (4) of the APC Constitution, Buni acted unlawfully by being the Yobe governor and also serving as APC’s chairman at the same time.
The two appellants had argued that as such, the nomination/sponsorship letter signed by Buni for APC, notifying INEC of the candidacy of Akeredolu and Lucky Aiydatiwa (as governorship and deputy governorship candidates) was void.
The apex court justices after their finding of facts agreed that the law prohibits a person from holding two executive offices as in that of a governor and chairmanship of a political party in Nigeria at the same time.
Four of the justices, however, on technical grounds, declined to remove Akeredolu as Ondo governor on the ground that Mai Mala Buni’s name was not expressly stated on the appellants’ papers for him to defend himself.
Other three justices held contrary decisions, stating that since APC’s name was on the court process and its letterhead paper used in conveying the incompetent nomination, Akeredolu ought and should be removed from office.
Justice Emmanuel Agim read the lead majority judgment of the four justices which was supported by Justices John Okoro, Lawal Garba and Tijani Abubakar.
Justice Agim held that, since Jegede and the PDP made Buni the centre of their allegation of constitutional breaches, he (Buni) ought to have been made a party in the case to enable him to defend himself in line with the doctrine of fair hearing.
“The decision to allow Buni act as its National Caretaker Committee chairman was made by the APC, despite the provision of Article 1z(4 of its Constitution, thereby making the decision internal to the party”.
The other three, Justices Mary Peter-Odili, Ejembi Eko and Mohammed Saulawa held otherwise in their dissenting minority judgment.
Justice Peter-Odili was of the view that since the APC, for which Buni acted, was a party in the case, there was no need to include him as a party.
She added that having allowed Buni to act on its behalf in signing the nomination/sponsorship letter of its candidates in Ondo despite the clear provisions of Section 183 of the 1999 Constitution and Article 17(4) of the APC Constitution, the party should leave by the consequences of its lawlessness.
“I do not agree with the majority judgment”, she said, noting that the APC, by Article 17(4) of its Constitution has provided for how its affairs should be managed and what offices its membership occupies at a time.
“This Article draws strength from Section 183 of the 1999 Constitution. Therefore, when the second respondent (APC) put up a person not qualified to author its nomination by virtue of the provision of Article 1z(4) of its Constitution and Section183 of the 1999 Constitution to do so. Therefore, that document has no validity, and thereby void,”she said.
Justice Peter-Odili held that it was unlawful and a violation of Article 17(4) of the APC Constitution and Section 183 of the 1999 Constitution for Buni to be serving as the national chairman of the APC and the governor of Yobe State at the same time.
Meanwhile, following the Supreme Court findings of facts, there has been apprehension and anxiety at the APC National Secretariat and among national leaderships as to what may become the fate of the party in the build-up to the 2023 general election.
A chieftain of the party, who did not want his name in print, said that the party has got good and great hints from the Supreme Court and would do the needful in the next few days.
“No one person has the monopoly of legal knowledge. At the time of making him the APC executive chairman, we did not consider that aspect of the law. I am so sure Governor Buni will soon be here for us to decide the next line of action.
“Our governors have become aware of the new position and they will all converge here to sort out ourselves from the claws of that law before it becomes too late”, he said.
“Several state chairmen of committees inaugurated by Buni have bombarded the national secretariat to know what is going on here in respect of the matter, and we have assured them that there is no cause for alarm.
“What happened in Zamfara in 2019 will not be allowed to repeat itself. So, as I said, we will do the needful very soon”.
However, Deputy National Publicity of the party, Mr Yekini Nabena has yet to address newsmen on the issue.
The State Coordinator of the forum, Archbishop Lucky Aroh, made this known during a breakfast and thanksgiving meeting held in Port Harcourt, where leaders gathered to pray for the stability of the party and the safety of its candidates ahead of the 2027 general elections.According to him, the meeting was convened to seek divine intervention for peace, unity, and security among APC candidates across Rivers State.
“Today we are praying for APC stability in Rivers State and the security of our candidates that have been elected to contest the 2027 elections. It is a breakfast meeting,” Aroh said.
He further expressed optimism that the party’s candidates would not disappoint the people if entrusted with leadership responsibilities.
“They will not fail when elected into office. We are here as fathers of the land to let them know, and I must tell you the truth that these are the authentic people that will do well in Rivers State,” he added.
Speaking earlier, the National Chairman of the forum, Professor Olanrewaju Abraham, commended the Rivers State chapter for organizing the programme, noting that the national body of the forum believes strongly in the power of prayer.
He stated that political leadership provides an opportunity to influence society positively, including advancing moral and spiritual values, while expressing confidence that APC candidates at all levels would emerge victorious in the upcoming elections.
Also speaking, the Rivers State Women Leader of the APC, Hon. Darling Amadi, praised the forum for its commitment to prayers for peace, stability, and the protection of party candidates.
Represented by the Deputy Women Leader of the party in the state, she described the initiative as commendable and urged other political and support groups within the party to emulate the gesture in promoting unity and stability.
By: John Bibor, Menebe Emmanuel & Fortune Paibi
The colourful celebration took place at the Port Harcourt Golf Club, where friends, associates, and well-wishers converged to pay tribute to the revered elder statesman.
Chairman of the occasion, High Chief (Dr.) Ikenna Okafor, described the celebrant as a detribalised Nigerian whose generosity, humility, and commitment to humanity have earned him admiration across different communities and backgrounds.
According to Dr. Okafor, Pa Osagwe-Ogo’s impact on society and the development of his community remains unparalleled. He noted that members of the golfing community are proud to be associated with a father figure who consistently promotes the welfare and well-being of those around him.
He further stated that the history and growth of the Port Harcourt Golf Club cannot be told without acknowledging the significant role played by the celebrant, whose wisdom, encouragement, and leadership have helped sustain the club over the years.
“We are here to celebrate a man who has impacted humanity positively, a peace-loving individual and an epitome of hope for the younger generation. We pray to emulate his virtues. Today, we celebrate a bridge-builder, a trailblazer, and an iconic leader whose life continues to inspire many,” Dr. Okafor said.
He expressed delight at the large turnout of guests from various walks of life, describing it as a testament to the respect and affection Pa Osagwe-Ogo commands within and beyond Rivers State.
In his response, the celebrant, Pa Anthony Osagwe-Ogo, expressed profound gratitude to God for preserving his life and granting him the privilege of attaining the milestone age of 70.
He also thanked members of the Port Harcourt Golf Club, family members, friends, and associates for identifying with him during the celebration and for their unwavering support over the years.
The event featured the cutting of the birthday cake, presentation of awards to deserving members of the club, goodwill messages, and moments of celebration among guests.
The ceremony was attended by notable personalities from the business community, the golfing fraternity, and other sectors, all of whom joined in celebrating the life and legacy of the respected elder statesman.
The awards, which formed part of activities marking Nigeria’s Democracy Day on June 12, were formally presented on Tuesday at the Ministry of Information and Communications in Port Harcourt.
Presenting the awards was Hon. Abdul Hameed Oladipupo Alli, popularly known as “Mr. Nigeria,” Publisher of Asiwaju Trumpet Magazine and Achievers World International Magazine.
Governor Fubara was recognised for his efforts in sustaining peace, stability, and a conducive political atmospherJohn Bibor / Menebe Emmanuel / Fortune Paibie in Rivers State. The organisers noted that his administration has fostered harmony and strengthened civic participation across the state.
Dr. Sirawoo, on the other hand, was honoured for his exemplary administrative leadership and significant contributions to effective information management within the Ministry of Information and Communications.
Representing Dr. Sirawoo at the presentation ceremony, Dr. Christian Davies received the award on his behalf and expressed gratitude for the recognition. He described the honour as a reflection of Dr. Sirawoo’s unwavering commitment to professionalism, excellence, and dedicated public service.
Dr. Davies assured the organisers that the award would be formally conveyed to the Permanent Secretary.
The event also featured the presentation of commemorative publications highlighting major governance and civic milestones in Rivers State, including Easter celebrations, Workers’ Day activities, the Governor’s third anniversary in office, and Democracy Day programmes.
Organisers of the awards commended the Rivers State administration for what they described as sustained peace, political stability, and improved civic engagement, noting that these achievements have contributed significantly to the state’s continued development.
By: Jessica Sambol