Did Supreme Court Weaponise APC’s Opponents?

Pushing ‘constitutional brinksmanship,’ the ruling All Progressives Congress had vowed to go ahead with the conduct of its state congresses scheduled for July 31 (yesterday), despite the legal clogs identified by the Supreme Court in the apex court’s split judgment that narrowly gave victory to Governor Rotimi Akeredolu of Ondo State, Louis Achi writes

Had the opposition Peoples Democratic Party (PDP) joined Yobe State’s Governor Mai Mala Buni, who also doubles as the National Caretaker Committee Chairman of the ruling All Progressives Congress (APC), as party to the suit challenging Ondo State governor’s candidacy, the APC would have by now be rueing her surprising callowness. But the PDP did not.

Four justices, out of a seven-member panel, agreed the petition filed against Akeredolu’s victory was incompetent because Buni was not made a party. Justice Emmanuel Agim read the lead majority judgment, which was supported by Justices John Okoro, Lawal Garba and Tijani Abubakar.

Jegede and PDP had contended that by the provision of Section 183 of the Constitution and Article 17 (4) of the APC constitution, Buni acted unlawfully by being the Yobe State Governor and serving as APC’s chairman at the same time, and as such the nomination/sponsorship letter he signed for the APC, notifying INEC of the candidacy of Akeredolu and Lucky Aiydatiwa (as governorship and deputy governorship candidates) was void.

In his lead majority judgment, Justice Agim held that, since Jegede and the PDP made Buni the centre of their allegation of constitutional breaches, he ought to have been made a party in the case to enable him defend himself in line with the doctrine of fair hearing. He then upheld an earlier judgment of the Court of Appeal, to the effect that the petition filed by Jegede and his party at the election tribunal was incompetent because they failed to include Buni as a party.

But in the minority judgment read by Justice Mary Peter-Odili and supported by Justices Ejembi Eko and Mohammed Saulawa, the court upheld the appeal and dismissed the cross appeal by INEC, Akeredolu and APC. Odili and two other members of the panel were 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.

Peter-Odili held 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.

Following the apex court’s split judgment, a worried Minister of State for Labour and Employment and President Muhammadu Buhari’s loyalist, Mr. Festus Keyamo proclaimed that Buni, the party’s caretaker committee chairman had become an albatross to APC and must go immediately. “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,” he stated.

Keyamo who said the party must halt all preparations and conduct of congresses nationwide forthwith also said the APC was lucky because the “Supreme Court has just given us a great and useful hint to save our party just before the beginning of our Congresses.” He went further to roll out options the party must urgently consider as to preempt its unraveling.

His words: “The planned congresses across the country slated for this weekend must immediately be suspended because it will be an exercise in futility. The competence of Gov. Mai Mala Buni to organise the congresses has been called to question by the Supreme Court.

“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.

“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 Buni 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.

“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.”

Kayode Ajulo, lawyer and another APC chieftain also re-echoed Keyamo’s position. But APC has dismissed the apex court’s minority judgment, insisting there was no backing off from its congresses scheduled for July 31 (yesterday).

Reacting to a statement by Keyamo, one of the lead counsel to the APC in the petition, Chief Niyi Akintola (SAN), described Keyamo and Ajulo’s statements as personal opinions in interpreting the judgment.

Akintola, who is also a chieftain of the APC, said the minority judgment is of no legal value as it cannot be cited in any case in court and can only remain in the realm of academic discourse. The National Secretary to the caretaker committee, Senator John James Akpanudoedehe, in his reaction, said the party would go ahead with the congresses as scheduled and advised members of the party not to fear.

The key question emerging from several stakeholders is – has the Supreme Court, through its adjudication weaponised opponents of APC who could now wield the legal cudgel and challenge the party over extant constitutional breaches?

It could be recalled that in June 2020, the conservative Congress for Progressive Change (CPC), led by President Muhammadu Buhari centralised itself as the key power bloc within the ruling APC, out of the party’s four foundational political entities, leaving ambitious heavyweights like Bola Ahmed Tinubu and other tendencies in the lurch.

Flowing from this adroit take-over and related intrigues which saw the using and dumping of the likes of then APC National Deputy Secretary, Victor Giadom, dissolution/reconstitution of the party’s National Working Committee (NWC), Governor Mai Mala Buni of Yobe State emerged as acting party chairman. Buni is a dyed-in-the-wool CPC member and Buhari loyalist.

The ‘coup’, at the instance of Buhari, which dissolved NWC supposedly dominated by loyalists of Tinubu and the ousted party chair, Adams Oshiomhole, was hatched at the party’s National Executive Committee (NEC) meeting at the Presidential Villa, Abuja.

The caretaker committee was to conduct the party’s National Convention to elect new leadership for the APC within six months. But political intrigues have since extended Buni’s mandate and is still running.

However, whether or not the Supreme Court judgment will lead to the much-predicted explosion of the ruling party sooner than expected is a matter of time.