*A Valid National Chairman Of Labour Party Must Emerge In Accordance With Party's Constitution.*

_*By Chief Tom Anyafulude.*_

We are constrained to espouse the illegality and rascality in which Labour Party is currently immersed. This inclination is informed by recent development whereby, an FCT High Court elongated its retraining order _ex-parte_ against the Chairman of Labour Party and some other officials from parading themselves as such.

Sequel to this development, one Mr. Lamidi Apapa, publicly declared, "I am now in charge". He then proceeded to summon all legal practitioners representing Labour Party and Mr. Peter Obi in the Presidential Election Petition Tribunal to report and brief him before 48 hours!

This domestic problem of Labour Party is unnecessarily heating up the polity with claims and counter-claim by the opposing parties. We shall therefore endeavour to enlighten the general public on the true state of the Law in view of Labour Party's Constitution.

*i. Only the National Convention of Labour Party Can Appoint or Remove National Chairman of the Party*
The National Convention of Labour Party is the highest organ of the party. See *Article 13 of Constitution of Labour Party.* The National Convention is composed of the National Chairman and all members of the National Executive Committee/Council including the NLC and TUC Presidents and General Secretaries, all political appointees on the platform of Labour Party at Federal, State and Local Government levels, *Delegates elected by the congress of each State* within the Federation including the FCT. See *Article 14 (supra).*

The National Convention holds once in four years. One of its major functions is to _elect or remove the national officers of the Party and constitute the National Executive Council of the Party._ See *Article 14(1)(b)(iv) (supra).* It also _exercises control and takes disciplinary action on all organs, Officers and members of the Party and determine appeals brought before it by any member or organ of the party._

Significantly, the National Chairman of Labour Party, who is one of the National Officers can only be removed by the National Convention, unlike in other political parties, where the Ward Executive or Congress can suspend or remove a National Officer.

*ii. Special National Convention of Labour Party.*
Not withstanding the provision of Article 13(1) of the Constitution, there shall be Special National Convention to address specific issues concerning the Party when the need arises. See *Article 14(1)(c) (supra).*

We have noted that the National Convention of Labour Party holds every four years during which it elects its National Officers, Presidential and Vice-presidential Candidates. However, the Party can hold special convention to address specific issues. For instance, where a court of law suddenly suspends the National Chairman, it is imperative to hold a Special National Convention.

The Nation Secretary of the party or where not available, the Deputy National Secretary in consultation with the Deputy National Chairman or Assistant National Chairman will summon the Special National Convention in a case where the National Chairman of the Party is suspended or incapacitated.

*iii. What Happens When there is a Vacancy Created by the Suspension of the National Chairman by Court?*
a. The National Secretary or Deputy National Secretary shall in consultation with the Deputy National Chairman or Vice National Chairman summon the Special National Convention of Labour Party to discuss a specific issue, namely, the removal of the National Chairman.
b. The enrolled order of suspension by court shall be tendered before the Convention.
c. A vote of no confidence may be passed on the Chairman supported by one-third of all the delegates present in the Convention. See *Article 24*
d. Another Chairman may be elected by at least one-third of the delegates present in the convention.
e. Neither the National Executive Council nor National Working Committee of Labour Party has the power to elect a new Chairman of whatever description when there is vacancy in the National Chairmanship position of Labour Party. See *Article 14(2) and 14(3) (supra).*

*iv. What is the Status of Lamidi Apapa?*
Lamidi Apapa described himself as *acting National Chairman*. There is no provision in Labour Party's Constitution which created the office of acting National Chairman. Secondly, Lamidi Apapa was not elected by the National Convention nor the Special National Convention of Labour Party. The Labour Party did not take any resolution on the fate of Julius Abure based on the restraining orders of the FCT High Court. Lamidi Apapa has no _locus standi_ or capacity to act as a Factional Chairman of Labour Party.

*v. Closing Reflection*
In our view, Mr Lamidi Apapa can only emerge as valid National Chairman of Labour Party in accordance with the Party's Constitution. We are surprised that with the galaxy of brilliant legal practitioners in Labour Party, nobody has deem it necessary to drag Mr Lamidi Apapa to court to stop him from parading himself as the National Chairman of Labour Party. Whoever aspires to the chairmanship position of the party must do so in accordance with the party's Constitution.

An action in court against Mr Lamidi Apapa will not constitute an abuse of court process for violating the party's Constitution and claiming what he is not.

Finally, all this fuss would have been avoided if common legal principles were correctly applied. Can a Court of Justice restrain a party from acting in a position based on criminal allegation in which he has not been indicted or convicted? What of the Constitutional presumption of innocence under S.36 of the 1999 Constitution? Can a Court of law make a final order of suspending a party from acting in a particular position when that Party was not given opportunity to be heard? See *Kotoye v. C.B.N. (1985) 1 NWLR (Pt. 98) 419.*

We are lawyers who have practiced law in Nigeria for more than 33 years but we are becoming increasingly confused and perplexed by recent decisions in some of our courts.

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You made logical legal argument but yet what you are insinuating now is that there is no chairman of LP by law.
Also methinks Acting position is just temporary to avoid a leadership vacuum so the case of Lamidi Apapa shouldn't have cause all this issue.. He was the deputy chairman before the court case and he should be able to act on behalf of the chairman

Labour Party can solve this by organising a special convention and electing a proper national chairman and leave out Abure to solve his issue, if he later gets reinstated by the court, all decisions can be ratified

RealLordZeus:
You made logical legal argument but yet what you are insinuating now is that there is no chairman of LP by law.
Also methinks Acting position is just temporary to avoid a leadership vacuum so the case of Lamidi Apapa shouldn't have cause all this issue.. He was the deputy chairman before the court case and he should be able to act on behalf of the chairman

Labour Party can solve this by organising a special convention and electing a proper national chairman and leave out Abure to solve his issue, if he later gets reinstated by the court, all decisions can be ratified

Abure is still innocent until proven guilty, why the removal that is against the party constitution?

The sauce that will be used in curing Apapa warf and his paid agents madness is already prepared. will be applied soon

greatiyk4u:

Abure is still innocent until proven guilty, why the removal that is against the party constitution?

Yes he is innocent but suspended as a chairman.

Suspension is different from removal.

Also, the suspension is not from ward level as widely circulated, but from court stepping from a case of forgery.

I still think the most logical solution for LP is to immediately organise a special convention, pass a vote of no confidence in Abure, so he can be removed and then Elect another chairman of their own choosing.

But if they still leave the power vacuum as it is, Lamidi Apapa will continue his pursuit

So Apapa has scammed Tinubu by collecting his money and embark on illegal removal of Abure.
Both Tinubu and Apapa have failed woefully in their quests to destroy LP

RealLordZeus:

Yes he is innocent but suspended as a chairman.

Suspension is different from removal.

Also, the suspension is not from ward level as widely circulated, but from court stepping from a case of forgery.

I still think the most logical solution for LP is to immediately organise a special convention, pass a vote of no confidence in Abure, so he can be removed and then Elect another chairman of their own choosing.

But if they still leave the power vacuum as it is, Lamidi Apapa will continue his pursuit

Not in consonance with the party constitution

RealLordZeus:

Yes he is innocent but suspended as a chairman.

Suspension is different from removal.

Also, the suspension is not from ward level as widely circulated, but from court stepping from a case of forgery.

I still think the most logical solution for LP is to immediately organise a special convention, pass a vote of no confidence in Abure, so he can be removed and then Elect another chairman of their own choosing.

But if they still leave the power vacuum as it is, Lamidi Apapa will continue his pursuit

Case of forgery without a court properly trying and indicting abure makes it an ordinary allegation that can still be set aside by a superior court.