In this interview with LESI NWISAGBO, a Senior Advocate of Nigeria, Ifedayo Adedibe, speaks on the Supreme Court judgment on the Ondo State governorship election and its likely impact on electoral matters as well as political party administration

Following the various interpretations which trailed the Supreme Court judgment on the Ondo governorship election, will you say the pronouncement of the court was ambiguous?

Without prejudice, I respect the Supreme Court, because that is the highest court of the land. But with regret, I disagree with the majority position as expressed by the apex court. The issues involved here are fairly narrow and properly deconstructed. It is whether an elected governor, the chief executive of a state, can in addition to being the chief executive of a state, be the chief executive in another position, whether political, social, or commercial. The position of the constitution is very clear. Section 183, in express language, forbids the elected governor of a state from holding other executive offices however described.

When the All Progressives Congress ignored its own rules and regulations and dissolved its elected executive, that is its internal affair. Nobody can quarrel with them except members of that party. But the constitution of the party itself expressly forbids any of its officials from holding a political office. In other words, if you are the chairperson of the party, you cannot be governor of a state. It is there in their constitution. Now, when the APC, in disregard of the express provision of its constitution and in cynical disrespect to the provision of the 1999 Constitution as amended, appointed the governor of a state to be the chief executive of the party, it acted in a manner that risked its activities being null and void.

The majority decision of the Supreme Court did not disagree with that. What the majority decision said was that Governor Mai Mala Buni was central to the issue under discussion, namely: that he authored a document and that having authored the document that sponsored Governor Akeredolu and his deputy, then he ought to have been joined. With respect, that conclusion and opinion is wrong from two points, in my humble opinion.

Number one, this is an election petition. Under the Electoral Act, those who could be made respondents have been spelt out. They are the body that conducted the election and the party that sponsored those that participated in the election. Those are the ones you refer to as statutory respondents. Mai Mala Buni acted as an agent of the APC. He was their agent. The common law principle is that where you have the principal, you don’t join the agent. The second issue is that you cannot join Mai Mala Buni, because he is a serving governor. He has immunity under Section 308 of the Constitution. Because he could not have worn two hats namely, that of the chairperson of a political party and the chief executive of a state.

Thirdly, the document he authored was before the various courts, tribunal, Court of Appeal and Supreme Court so that there is no need to bring him. What is he coming to say? Nobody disputed the fact that he is an elected governor. Nobody disputed that he acted as the chairman of the APC. Nobody disputed the fact that he signed the nomination form. The APC did not deny that he is their man. So, that explanation that because he is not there, the case is incompetent is, with profound respect to that court, very erroneous. It does not represent the law they have been laying down all these years.



So, I do not agree with the majority decision, but I abide by it. There is nothing anybody can do. But the minority decision, if I were the APC, I will take a second look at it, because tomorrow if anybody loses an election, he will just sue and join Mai Mala Buni and then you go ahead and let us see where it will end. What this tells us is that the ruling APC is always acting with impunity. It is a reckless political party.

What is the implication of the party going ahead with its planned activities with Buni presiding as the chairman?

They risk the nullification of what they have done. You will soon find out that people will take them to court. Why do you dissolve an elected exco? Why? Is it because you don’t like Oshiomhole’s face or you hate the guts of Tinubu? I really don’t understand these characters.

This is the first time in Nigeria’s political history that this type of situation is being witnessed. What does this portend for the polity?


It tells you that we have a civilian administration without democrats. We want to run a democracy but we are not using democrats. Democracy requires democrats to be nurtured. But where people have a mindset contrary to the rules and regulations and they think they can get away with it, democracy is in peril. Political parties are the vehicles by which individuals seek positions, either at the legislative office or executive branch of government and it is by contest.

If some people, having got into office, decide to make it difficult or almost impossible for others to come or you cannot challenge them, then you are not having a democratic order, whereas we pretend to run a constitutional democracy. It is called constitutional democracy, because there is a constitution that guides and underpins the activities of the democratic order. What the APC government at the federal level has done is to disregard the constitution in all its recklessness over these years. I can give you three or four examples.

A President is not expected to run this country alone. When Buhari became the President, for close to six months he had no minister; he was running alone. He was making choices the way he liked. That is contrary to the provisions of the constitution. Aregbesola ran Osun State for two years without commissioners, pretending to be saving money. That is reckless. That is contrary to the provisions of the constitution.


Do you know the number of times courts made pronouncements in this country and this government ignored those pronouncements? You recall the former National Security Adviser; he went from how many courts to another, but the government ignored the pronouncements.

The third example I will give you has to do with the federal character principle. I do not know anybody who will tell me that this government has not created the crisis that we have in this country by its sectional, parochial and nepotistic characteristics. The precise reason we have federal character is that the composition of government will reflect our federal character. If you look at the organogram of this APC government, you will know it does not reflect any federal character contrary to the provisions of the constitution. You cannot run a country like that and not expect trouble. For me, the APC is a challenge to our democracy in the way it is conducting the affairs of this country.

In the face of the drama that has followed the Supreme Court judgment, what do you think is the way forward for the APC as a party?

I am not a member of the APC. If I have any good advice, I won’t even offer them. I can tell you this. If I have good advice that will help them, I won’t offer them. I said they have ruined this country badly. Look at when we had the SARS protest, see the way they messed everybody up. So, it is left for Nigerians to fashion a way out. The regrettable thing is that people are moving to that party, because they are looking for a way to be a part of the rot. I can’t believe it. I don’t know what is wrong with our people. Look at the amount of money they have been borrowing. Look at the value of the naira now. We have no light; there’s insecurity all over the place and people are rushing there. So, it is up to Nigerians to make up their mind about what they want.

https://punchng.com/apc-at-risk-of-all-its-elections-programmes-being-declared-illegal-by-insisting-on-bunis-chairmanship-san-adedibe/

I am not a member of the APC. If I have any good advice, I won’t even offer them. I can tell you this. If I have good advice that will help them, I won’t offer them. I said they have ruined this country badly. Look at when we had the SARS protest, see the way they messed everybody up. So, it is left for Nigerians to fashion a way out. The regrettable thing is that people are moving to that party, because they are looking for a way to be a part of the rot. I can’t believe it. I don’t know what is wrong with our people. Look at the amount of money they have been borrowing. Look at the value of the naira now. We have no light; there’s insecurity all over the place and people are rushing there. So, it is up to Nigerians to make up their mind about what they want.

The bolded is for BMC urchins to defend as usual, the so called auditor with expertise in taxes will be here to chun out rubbish as usual. Having distinction in school does not mean one is a dullard!

A President is not expected to run this country alone. When Buhari became the President, for close to six months he had no minister; he was running alone. He was making choices the way he liked. That is contrary to the provisions of the constitution. Aregbesola ran Osun State for two years without commissioners, pretending to be saving money. That is reckless. That is contrary to the provisions of the constitution.


Do you know the number of times courts made pronouncements in this country and this government ignored those pronouncements? You recall the former National Security Adviser; he went from how many courts to another, but the government ignored the pronouncements.

The third example I will give you has to do with the federal character principle. I do not know anybody who will tell me that this government has not created the crisis that we have in this country by its sectional, parochial and nepotistic characteristics. The precise reason we have federal character is that the composition of government will reflect our federal character. If you look at the organogram of this APC government, you will know it does not reflect any federal character contrary to the provisions of the constitution. You cannot run a country like that and not expect trouble. For me, the APC is a challenge to our democracy in the way it is conducting the affairs of this country.

I will not be surprise if there is no election in 2023.

The Supreme Court knows the truth but only shy away from it. Albeit, uses the said judgement to give APC an expo so as to put their house in order. A party that abuses its own constitution and also abuses the Nigerian constitution all in one fell swoop. How can a governor oversees two executive positions at the same time if not for an undisclosed agenda that is transparently clear to an unborn child. The hand writing of the aggressor is clearly decipher. For the purpose of differential deductions of while dogs should not eat dogs, how can a position meant for the southern region be occupied by someone from the north. Your guess is as good as mine.

This vampire party must go down ,yeye dey smell....

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starstaz:
The Supreme Court knows the truth but only shy away from it. Albeit, uses the said judgement to give APC an expo so as to put their house in order. A party that abuses its own constitution and also abuses the Nigerian constitution all in one fell swoop. How can a governor oversees two executive positions at the same time if not for an undisclosed agenda that is transparently clear to an unborn child. The hand writing of the aggressor is clearly decipher. For the purpose of differential deductions of while dogs should not eat dogs, how can a position meant for the southern region be occupied by someone from the north. Your guess is as good as mine.

Only in crooks party, it has never been done anywhere, yet Our VP , Fashola, Keyamo are SANs. Only God can save this country from locusts.

iwaeda:
I am not a member of the APC. If I have any good advice, I won’t even offer them. I can tell you this. If I have good advice that will help them, I won’t offer them. I said they have ruined this country badly. Look at when we had the SARS protest, see the way they messed everybody up. So, it is left for Nigerians to fashion a way out. The regrettable thing is that people are moving to that party, because they are looking for a way to be a part of the rot. I can’t believe it. I don’t know what is wrong with our people. Look at the amount of money they have been borrowing. Look at the value of the naira now. We have no light; there’s insecurity all over the place and people are rushing there. So, it is up to Nigerians to make up their mind about what they want.

The bolded is for BMC urchins to defend as usual, the so called auditor with expertise in taxes will be here to chun out rubbish as usual. Having distinction in school does not mean one is a dullard!

If you are not APC you are pdp, how did apc ruined the country? From your mindsets, pdp did alot of wonderful development Nigeria before handing over to apc and apc been a ruined please, I don't want to be rude to you, how were you when pdp ruled this Nation?

Summary pls

aremuforlife:

If you are not APC you are pdp, how did apc ruined the country? From your mindsets, pdp did alot of wonderful development Nigeria before handing over to apc and apc been a ruined please, I don't want to be rude to you, how were you when pdp ruled this Nation?

You people are always defending on parties, Is the way a country should be run, even if PDP did the wrong, they promised us CHANGE and we are now in the NEXT LEVEL!

Well. What this country needs to recover from this cvrsed party is a complete overhaul of the entire APC/PDP rvbbish. Cos as long as ds old senile men continue to wield power, breakup is inevitable.. and me, I'm all for the break up.

Me just wondering ni oo.

Cant Nigerians bury both useless Apc and Pdp before the 2023 election?

Monogamy:
Me just wondering ni oo.

Cant Nigerians bury both useless Apc and Pdp before the 2023 election?

From you?

iwaeda:

From you?

Haha. E shock you too?

Dat one doesn't know what he wants. A totally confused fellow.

AntiBMC:


Haha. E shock you too?

Dat one doesn't know what he wants. A totally confused fellow.

Those guys, only Lalasticlala know them, They seem deluded,

iwaeda:


You people are always defending on parties, Is the way a country should be run, even if PDP did the wrong, they promised us CHANGE and we are now in the NEXT LEVEL!

I only respond to your comment, because you single handedly mentioned a party, as if that party has been the only one ruling the country. Apc promise change, do you expect the change to come over night, it easy to destroy but difficult to repair.

starstaz:
The Supreme Court knows the truth but only shy away from it. Albeit, uses the said judgement to give APC an expo so as to put their house in order. A party that abuses its own constitution and also abuses the Nigerian constitution all in one fell swoop. How can a governor oversees two executive positions at the same time if not for an undisclosed agenda that is transparently clear to an unborn child. The hand writing of the aggressor is clearly decipher. For the purpose of differential deductions of while dogs should not eat dogs, how can a position meant for the southern region be occupied by someone from the north. Your guess is as good as mine.

you might be rights that SC know but one thing about judiciary is that what you didnt pray (request)for court wouldn't give you

aremuforlife:

I only respond to your comment, because you single handedly mentioned a party, as if that party has been the only one ruling the country. Apc promise change, do you expect the change to come over night, it easy to destroy but difficult to repair.

APC has even destroyed more, dollar is now N512, more people are now begging to eat, our roads are more like death traps, Everything going comatose.

iwaeda:


APC has even destroyed more, dollar is now N512, more people are now begging to eat, our roads are more like death traps, Everything going comatose.

Do you know how much dollar was prior to pdp regime in 1999? Was the road motorable before, were people not begging for food before?
I left Nigeria by road during the period of pdp and not apc. Nigeria did not start in 2015.

iwaeda:


APC has even destroyed more, dollar is now N512, more people are now begging to eat, our roads are more like death traps, Everything going comatose.

YP
You 're very wrong, in terms of development, infrastructures, electricity and especially quality of road construction, give it to APC, look at the strength of our military currently, pls let us says the facts.

SIRAO:

YP
You 're very wrong, in terms of development, infrastructures, electricity and especially quality of road construction, give it to APC, look at the strength of our military currently, pls let us says the facts.

which development? Where? ... and what do you mean by strength of our military

starstaz:
The Supreme Court knows the truth but only shy away from it. Albeit, uses the said judgement to give APC an expo so as to put their house in order. A party that abuses its own constitution and also abuses the Nigerian constitution all in one fell swoop. How can a governor oversees two executive positions at the same time if not for an undisclosed agenda that is transparently clear to an unborn child. The hand writing of the aggressor is clearly decipher. For the purpose of differential deductions of while dogs should not eat dogs, how can a position meant for the southern region be occupied by someone from the north. Your guess is as good as mine.

You don't get it, Supreme court is not a father Christmas that will give them judgement on blatter of gold. Had it been Buni was filed in the suit it will be a different judgement entirely, No court will dash you judgement outside the content of ur suit even if you are right...just read below to understand better..


So, I do not agree with the majority decision, but I abide by it. There is nothing anybody can do. But the minority decision, if I were the APC, I will take a second look at it, because tomorrow if anybody loses an election, he will just sue and join Mai Mala Buni and then you go ahead and let us see where it will end. What this tells us is that the ruling APC is always acting with impunity. It is a reckless political party.

SIRAO:

YP
You 're very wrong, in terms of development, infrastructures, electricity and especially quality of road construction, give it to APC, look at the strength of our military currently, pls let us says the facts.

Which roads sir, travel round Nigeria and come back. On electricity, we are battling with less than 5000mw. Rail they 'tried'.