Can APC Govs’ Support for Buni Vitiate Impact of S’Court Judgment?

CICERO/ISSue

Despite the recent pronouncement of the Supreme Court on the Ondo State governorship election, the APC governors have reaffirmed their support for the Governor Mai Mala Buni-led caretaker committee to conduct local government and state congresses, as well as the national convention of the party Ejiofor Alike and Adedayo Akinwale write that it is not yet certain if this solidarity by the governors will vitiate the impact of this judgment on the legality of the committee

The recent judgment of the recent Supreme Court on the Ondo State governorship election which affirmed the election of Governor Rotimi Akeredolu, also raised question mark on the legality of the National Caretaker Committee of the party led by Yobe State Governor, Mai Mala Buni.

However, with the latest show of solidarity by the APC governors for the committee, the caretaker committee has remained unshaken and unwavering in its commitment to proceed with its remaining assignments.

The apex court in its judgment, which affirmed the victory of Akeredolu, had left many senior lawyers and chieftains of the APC with the speculation that the ruling party would have lost the state to the Peoples Democratic Party (PDP) had the opposition party’s governorship candidate, Mr. Eyitayo Jegede (SAN), joined Buni in the suit.

The three-man minority judgment led by Justice Mary Odili, argued that the apex court should sack Akeredolu because Buni, who acted on behalf of the party to write his nomination letter to INEC, ought not to have held the positions of governor and party chairman at the same time.

But the majority judgment delivered by Justice Emmanuel Agim, upheld Akeredolu’s victory, contending that since all the issues revolved around Buni, he should have been joined for the argument on the sack of Akeredolu to be valid.

To compound the confusion and speculations in the APC, the majority judgment was silent on the holding of chairmanship and governorship positions concurrently by Buni.

However, in a reaction to the judgment, Jegede had told PDP members that his petition would have been dismissed by the Election Petition Tribunal, if he had joined Buni, who he said enjoys immunity as a governor.

Lingering Controversy over the Apex Court Judgment

Undoubtedly, the court judgment has generated tension within the ruling party and created avenues for some aggrieved members who are hitherto not comfortable with the caretaker committee to get back at the leadership of the party.

Despite the assurances given by a member of the legal team of APC, Chief Niyi Akintola (SAN) that the position of Buni as the chairman was not injurious to the party Congresses and the forthcoming Anambra governorship election, there have been a cacophony of voices calling on the Chairman of the Caretaker committee to resign his position before plunging the ruling party into further crisis.

Akintola’s explanations have failed to convince the Minister of State for Labour and Employment, Mr. Festus Keyamo (SAN), and a former National Legal Adviser of the APC, Mr. Babatunde Ogala (SAN), as these two senior lawyers have argued that Buni’s committee remains illegal.

Two presidential aides, Senators Babafemi Ojudu and Ita Enang, have also argued that the minority judgment appeared to have swept the carpet of legality off the caretaker committee rendering it illegal, null, void and of no legal capacity to undertake any action on behalf of and in the name of the party.

Also in a statement issued on Thursday and titled: ‘APC and Impunity of Arrogant of Power,’ a former National Legal Adviser of the APC, Dr. Muiz Banire (SAN), also alluded to the perceived illegality of the committee and argued that it would “be reasonable to defer further steps premised on the questionable validity of the caretaker committee.”

“The failure to do so, most likely, will result ultimately in wasteful congresses and resources in all ramifications,” he added.

He further argued that since the official judgment was yet to be read by all the commentators, the opinions expressed on the implication of the apex court’s judgment remained premature and speculative.

But Buni, had while inaugurating Appeal Committees on the recently-conducted Ward Congresses on Wednesday in Abuja, hit back at the critics of his committee, describing their comments as both malicious and self-serving.

The Yobe State governor said the comments from some persons, who should have known better was just to play on the gullibility of the public.

The Yobe governor, who was represented by the party’s National Secretary, Senator John Akpanudoedehe said, “In the past few days, the media space has been filled with commentaries on the Supreme Court judgment in Jegede v. Akeredolu, with persons, who should know better, coming out with very malicious and self-serving opinions, just to play on the gullibility of the public, while forgetting that our party is made up of very intelligent, sound and intellectually proficient persons, who have seen beneath their grandstanding.

“The majority judgment of the Supreme Court has strengthened the position of the CECPC and our Chairman. The minority judgment serves only for academic purposes, nothing more.”

Buni noted that the Attorney General of the Federation, Mr. Abubakar Malami (SAN), who is the chief law officer of the federation, had said the committee was on firm ground and advised that it should proceed with the processes of the congresses.

APC Govs Throw Weight Behind Buni

In their own interpretation of the judgment, APC governors under the aegis of the Progressives Governors Forum (PGF) said the Supreme Court judgment had rather validated the party’s national caretaker committee.

The Chairman of the Forum and Kebbi State Governor Abubakar, Atiku Bagudu, had in a statement said a lot of the analyses and interpretations of the judgment were made out of mischief. The Forum insisted that the apex court judgment had dealt conclusively with the legality of the APC Caretaker Committee, its composition and all its decisions.

It said: “The Supreme Court upheld further the ruling of the Court of Appeal that ‘it is evident that the said Governor Mai Mala Buni was appointed only in an acting capacity temporarily to temporarily carry out and fill in the seat of the National Chairman of the party pending the elections of new members’. The holding of the Court of Appeal was not appealed against by the appellants, that is, Eyitayo Jegede (SAN), gubernatorial candidate of the Peoples Democratic Party (PDP) in the last election in Ondo State and the PDP.

“According to the Supreme Court, ‘by not appealing against this holding, the parties herein accept it as correct, conclusive and binding upon them.”

The governors further argued that the judgment had also settled the legality of the committee.

It said the court had correctly ruled that in line with Section 13.3 of the APC Constitution, the caretaker committee was constituted by the National Executive Council (NEC) of the APC to act as the National Working Committee (NWC). This ruling, it said, was consistent with the legal advice available to APC in creating the committee and we commend the party’s legal team for the proper and lawful guidance.

It was against this background that APC governors reaffirmed their support for the Caretaker Committee to proceed to conduct Local Government, State Congresses and National Convention, in line with the mandate of the National Executive Committee (NEC).

The position of the governors was contained in a communique signed by Bagudu, following the Forum’s meeting held last Sunday in Abuja.

“Accordingly, Forum reaffirmed its support for the Caretaker Committee to proceed to conduct Local Government, State Congresses and National Convention, in line with the mandate of the National Executive Committee,” the communiqué further added.

PDP Asks Court to Sack Buni as Governor

Despite the support by the APC governors and the claim in some quarters that the written judgment released by the Supreme Court has vindicated Buni, the troubles of the Yobe State governor and his committee seem not to be over yet as the PDP has gone back to court demanding that Buni should be sacked as governor.

The main opposition party has asked the Federal High Court, Abuja, to remove Buni as Yobe State governor on the grounds that he violated the Nigeria’s constitution when he accepted to be Caretaker Committee Chairman of the APC.

Plaintiffs in the suit are the PDP, Ambassador Umar Iliya Damagum and Baba Abba Aji; while Buni, Idi Barde Gubana, the APC and the Independent National Electoral Commission (INEC) are the first to fourth defendants.

The suit filed on behalf of the PDP by Mr. Emeka Etiaba (SAN), also asked the court to interpret the July 28 judgment of the Supreme Court on the Ondo election.

The fresh suit is seeking “a Declaration that the defendant breached the clear provisions of Section 183 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) when as the governor of Yobe State he accepted 3rd defendant’s appointment as the Caretaker Committee Chairman and proceeded to occupy the office; “a Declaration that the defendant who is the governor of Yobe State and the Caretaker Committee Chairman of the 3rd defendant has ceased to hold the office of the governor of Yobe State, having regard to the clear provisions of Section 183 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended); “a Declaration that having regard to the judgment of the Supreme Court in Eyitayo Jegede and Anor and Independent National Electoral Commission (INEC) in Appeal No: SC/448/202I delivered on the 28th day of July, 2021, the first defendant who is the governor of Yobe State and the Caretaker Committee Chairman of the 3rd defendant has ceased to hold the office of the governor of Yobe State.

“An Order directing the Chief Judge of Yobe State or any other relevant judge in his absence to immediately swear in the 2nd and 3rd plaintiffs as governor and deputy governor of Yobe State, the offices having become vacant.”

Until this court case runs its full course, Buni’s troubles are not over yet, despite the support of the APC governors.