THE APC CONSTITUTION AND BENUE’S CARETAKER COMMITTEE
DAN ASHIEKAA argues that the intervention of the national executive of the APC in Benue is in order
The leadership dynamics within political parties can often lead to internal crises,
necessitating special measures to maintain order and continuity. The All Progressives Congress (APC) in Nigeria has provisions within its constitution to address such situations. This contribution explores the APC Constitution’s stance on the National
Executive Council’s (NEC) authority to appoint a Caretaker Committee at the state level, specifically in instances of leadership crises, such as the case observed in Benue State.
According to the APC Constitution, the NEC is empowered to take necessary actions to ensure the stability and smooth operation of the party at all levels. Article 13.3 (v) of the APC Constitution states: “The National Executive Council shall exercise control and take disciplinary actions on all organs, officers and members of the Party…’’ Article 13.3 (vi) of the APC Constitution states: “The National Executive Council shall have the power to create, elect and appoint any Committee it may deem necessary, desirable or expedient and assign to them such powers and functions as it may deem fit and proper”. This provision allows the NEC to appoint a Caretaker Committee when a leadership crisis arises at the State level, ensuring that party activities are not hindered.
Furthermore, Article 13.4 (xvi) specifies that the NEC has the authority to “take any action it deems necessary to protect, defend and/or promote the interests of the party.” This broad mandate includes the establishment of interim structures, such as caretaker committees, to manage the affairs of the party in states experiencing leadership disputes.
The recent leadership crisis in Benue State serves as a pertinent example of the NEC’s intervention through the appointment of a caretaker committee. The NEC’s decision was aimed at resolving the internal conflicts and ensuring that the party’s operations continued seamlessly.
In addressing the Benue State crisis, the NEC’s actions were grounded in the constitutional provisions mentioned above. The appointment of a caretaker committee was seen as a necessary step to restore order and prevent further escalation of the conflict. This intervention aligns with the NEC’s constitutional mandate to “promote the unity, progress, and stability of the party” as stated in Article 13.2 (i).
Significantly, both parties to the conflict nominated representatives to the caretaker committee. It is a well-established legal principle that one cannot both approve and disapprove (approbate and reprobate) of the same action — meaning one cannot consent to an action and then later seek to challenge it.
It is clear from the above that the question of whether the national executive of the APC in Nigeria can appoint a caretaker committee at the State level during a leadership crisis is a significant one.
Let us now examine the legal and judicial authorities in Nigeria that address this issue, as well as persuasive cases from other jurisdictions that may offer guidance.
In Nigeria, political party disputes often find their way to the courts. The judiciary has, on several occasions, provided clarity on the roles and powers of party executives. Here are a few relevant cases:
One, All Progressives Congress (APC) v. Senator Kabiru Garba Marafa & Ors (2019) 5 NWLR (Pt 1666) 258 In this case, the Supreme Court of Nigeria dealt with factional disputes within the APC.
The court held that internal party democracy is crucial and that the party must adhere to its constitution and guidelines. This case underscores the necessity for the national executive to act within the party’s constitution when resolving disputes.
Two, Ugwu v. Ararume (2007) 12 NWLR (Pt. 1048) 367 The Supreme Court emphasized the importance of following the party constitution and guidelines in resolving internal disputes. The court highlighted that any action taken by the party leadership must be in accordance with the party’s constitution.
Three, PDP v. Sheriff & Ors (2017) LPELR-41805(SC) Though involving the Peoples Democratic Party (PDP), this case is instructive. The Supreme Court recognized the authority of the National Executive Committee to intervene and resolve crises within the party, including appointing interim leadership where necessary.
The APC Constitution is not the only authority that supports the NEC’s actions. Political party management practices globally recognize the need for central executive bodies to intervene in state-level crises to maintain cohesion. Comparative studies of political party constitutions and practices reveal that appointing interim committees is a common and effective method for managing internal disputes.
For instance, the constitution of the African National Congress (ANC) in South Africa provides similar provisions for its National Executive Committee to appoint interim structures in provinces facing leadership challenges. This comparative example underscores the legitimacy and practicality of the APC NEC’s actions within the context of party politics. While Nigerian judicial authorities provide a framework, it is also beneficial to consider persuasive cases from other jurisdictions that may offer insights: One, Thabo Mbeki v. Jacob Zuma (South Africa). In South Africa, the African National Congress (ANC) faced internal leadership disputes.
The ANC’s National Executive Committee intervened by appointing interim leadership to stabilize the party. The South African judiciary upheld the NEC’s authority to make such appointments in the interest of party unity and stability.
Two, Smith v. Ontario Liberal Party (Canada) The Canadian courts have recognized the authority of a party’s national executive to manage internal disputes and appoint interim committees when necessary. This case highlights the importance of maintaining party cohesion and effective leadership.
Based on the judicial authorities in Nigeria and persuasive cases from other jurisdictions, it is evident that the national executive of the APC has the authority to appoint a caretaker committee at the State level during a leadership crisis.
This authority, however, must be exercised in strict adherence to the party’s constitution and guidelines to ensure legitimacy and acceptance. The courts have consistently upheld the principle of internal party democracy and the necessity for party executives to act within their constitutional mandates to resolve disputes effectively.
The APC Constitution provides clear guidelines for the NEC to appoint caretaker committees at the State level when faced with leadership crises. The NEC’s authority is well-grounded in Articles 13.3 (vi) and 13.4 (xvi), which empower it to take necessary measures to ensure the party’s stability and continuity.
The intervention of the national executive of the APC in Benue State exemplifies the application of these constitutional provisions, reinforcing the NEC’s role in safeguarding the party’s interests.
Ashiekaa, FCA, FCTI, is
President/CEO, Bel Air Capital Int’l Limited
