Abuja Court Ruling: Tinubu, Ekiti Gov-Elect, Other APC Candidates Risk Disqualification

THERE is growing concern in the All Progressives Congress over the judgement of a Federal High Court sitting in Abuja which nullified the nomination of Governor Isiaka Oyetola and his deputy governorship candidate, Benedict Alabi, for the 2022 Osun State governorship election. 

Ruling on a suit filed by the People’s Democratic Party challenging the nomination of Oyetola and Alabi, Justice Emeka Nwite agreed with the submission of the PDP on the grounds that Governor Mai Mala Buni who submitted their names to INEC violated the provisions of Section 183 of the Constitution of the Federal Republic of Nigeria and Section 82(3) of the Electoral Act 2022. 

The court declared that Governor Mai Mala Buni acted in contravention of the provision of Section 183 of the Constitution when he held dual executive positions as the Governor of Yobe State and the Chairman of the National Caretaker Committee of APC. 
The provisions of Section 183 read in part: “The Governor, shall not, during the period he holds office, holds any other executive office or paid employment in any capacity whatsoever.” 

While the legal representatives of Osun State governor had promised to appeal the ruling, its implication, Sunday Tribune learnt, is already causing panic in the ruling party.
According to legal opinions on the issue, the ruling in its current subsisting nature, means that all actions of Buni while in office as APC acting boss, stand invalidated. 

These actions, include the signing of the nomination of Ekiti governor-elect Abiodun Oyebanji, as APC candidate for the June 18, 2022 poll in the state, the nominations of candidates for other outlier legislative polls, as well as the conduct of the party’s elective national convention which gave birth to the current NWC, among others. 

The biggest threat posed by the ruling to APC, is the possible consequential disqualification of all its candidates for the 2023 poll, including the presidential ticket of Senator Bola Tinubu and Kashim Shettima, considering that Adamu’s NWC, conducted the primaries. 
https://tribuneonlineng.com/abuja-court-ruling-tinubu-ekiti-gov-elect-other-apc-candidates-risk-disqualification/

Mr Oyebamiji BAO of APC will be disqualified. I’m congratulating Chief Segun Oni in advance.

I just dey laugh

Cc mynd44 cc Seun cc lalasticlala cc fynestboi cc OAM4j FP

Yen yen yen
On Tinubu's mandate i stand gidigba

APC tun ma lule piii Lekan siii niiii Ekiti

Why do these parties commit these blunders as if they aren't professionals?
Shey dem no just dey intelligent ni?
All the parties had one discrepancies or the other. They dragged Obi's presidential nomination at LP.
Wike is dragging Atiku like a goat. Now Mai Mala Bunmi is causing issues for Tinubu, Oyetola and APC. Shey we just v incompetent politicians ni?
No wonder Nigeria's economy can't be rescued, security keep getting worst and corruption hole is getting deeper.

If Tinubu is disqualified...who are we going to be pressing their necks?

Abeg, make Tinubu remain on the race and see how tired Nigerians are with the political class.....

Zombidiots wants to use judiciary to disqualify Tinubu. we saw how they were celebrating Obituary during the NBA anniversary.


Failed on arrival. Jagaban is unstoppable

Tinubu their clueless godfather and clueless propagandist Na ma lule piii Lekan siii niiii.

How true is these

APC is a party known for all kinds of impunity and absurdity!

They came into power to take incompetence to another level.

They took over power with propaganda and destroyed a country that was thriving in all positive indices.

Nigerians, take over your country from APC and PDP by voting Peter Obi as president.
Don't let those two old men get into power to finish whatever is left of your future.

Because of its consequential effect, APC will do everything humanly possible to make sure that judgement doesn't stand.

Hehehe! Another Zamfara and Rivers cases loading.

Majesty2:
Yen yen yen
On Tinubu's mandate i stand gidigba

Strip Naked, stand in front of a full mirror and ask yourself! “Na better life I dey love so?”

The present Apc NWC is illegal, hence all action's taken by it, stands null and void

The danger of this ruling is that it seems too plausible to be vacated by even the Supreme Court except maybe on technicality.

We were warning APC and their urchins then but they thought they could break laws without consequences.

As simply stated, if the judgment stands, everything Buni did in office is a nullity.

Tinubu is an invalid candidate.

Fergie001 what do you think?

Penguin2:
The danger of this ruling is that it seems too plausible to be vacated by even the Supreme Court except maybe on technicality.

We were warning APC and their urchins then but they thought they could break laws without consequences.

As simply stated, if the judgment stands, everything Buni did in office is a nullity.

Tinubu is an invalid candidate.

Fergie001 what do you think?

Nothing like that.even if it stands,it only affects Osun and nothing else.the case is pdp vs oyetola... This is how pdp mumued in imo

Good news

Hmmm, this case is water tight oooo, but let's see how it goes.

Jankara reports

Penguin2:
The danger of this ruling is that it seems too plausible to be vacated by even the Supreme Court except maybe on technicality.

We were warning APC and their urchins then but they thought they could break laws without consequences.

As simply stated, if the judgment stands, everything Buni did in office is a nullity.

Tinubu is an invalid candidate.

Fergie001 what do you think?

One of the reasons, higher Courts will never let it stand because it has dangerous implications for quite a few.

It will fail in higher Courts.

fergie001:

One of the reasons, higher Court's will never let it stand because it has dangerous implications for quite a few.

It will fail in higher Courts.

Lol!

But that would no longer be justice; it would be something else.

But not like I’d be surprised; this is Nigeria.

Ordinarily, the judgment is sound and with far reaching implications.

Akeredolu verdict: Danger ahead, Keyamo warns APC

By The Nation On Jul 29, 2021

By Bunmi Ogunmodede, News Editor

Wednesday’s Supreme Court judgment, which ratified the victory of Ondo State Governor Rotimi Akeredolu, has thrown up a major controversy over the legitimacy of Governor Mai Mala Buni as the All Progressives Congress (APC) national caretaker chairman.

Yellow Page mobile
The Yobe governor was appointed after the removal of elected Chairman Adams Oshiomhole on June 16, last year for an initial six month period, which has been renewed indefinitely.

Three justices of the Supreme Court – Justice Mary Peter-Odili, Justice Ejembi Eko and Justice Muhammed Saulawa, endorsed a minority judgment.

The dissenting judgment was read by Justice Peter-Odili: “I do not agree with the majority judgment,”she said, noting that the APC, by Article 17(4) of its constitution has provided for how its affairs should be managed and what offices its memebrs could occupy at a time.

Justice Peter-Odili added: “This Article draws strength from Section 183 of the 1999 Constitution. Therefore, when the second respondent (APC) put up a person not qualified to author its nomination by virtue of the provision of Article 1z(4) of its constitution and Section183 of the 1999 Constitution to do so, that document has no validity, and thereby void.

Minister of State for Labour and Employment Festus Keyamo (SAN) in a statement last night on the minority judgment, said it had grave implication for the ruling party.

He said the party risked being destroyed “from top to bottom” by the judiciary, if it ignored what the Justices said.

“We cannot gamble with this delicate issue. The time to act is now,” he added.

The senior advocate, who said he was offering his “professional bit to the party,” explained that: “The little technical point that saved Governor Akeredolu was that Jegede failed to join Mai Mala Buni in the suit.”

He added: “Jegede was challenging the competence of Buni as a sitting governor to run the affairs of the APC as chairman of the caretaker committee. He contends that this is against Section 183 of the 1999 Constitution, which states that a sitting governor shall not, during the period when he holds office, hold any other executive office or paid employment in any capacity whatsoever. In other words, had Buni been joined in the suit, the story may have been different today as we would have lost Ondo State to the PDP.”

He then warned: “Any other person affected by the actions of the Buni-led Committee will henceforth, not fail to join him in any subsequent case in court. These include any subsequent election matter in any part of this country and all the APC congresses that are about to hold. 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 to organise the Congresses and national convention.”

Keyamo said the APC should terminate the plans to hold its ward congresses on Saturday.

In recommending what to do, he advocated the National Executive Committee (NEC) of the APC should meet urgently and reconstitute the caretaker committee to exclude those holding executive positions.

He said since “we cannot vouch for the legality of any NEC meeting called by Buni now,” the safest is to get two-thirds of NEC members to sign an invitation to summon a NEC meeting”.

The alternative, according to him, is for the Board of Trustees, which includes the President, to be activated to organize a national convention in line with Article 13 of the APC Constitution.”

A former national secretary of the Labour Party (LP), Mr. Kayode Ajulo, said: “The provision of Section 183 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) is unambiguous to the effect that “The Governor shall not, during the period when he holds office, hold any other executive office or paid employment in any capacity whatsoever.”

“As a former National Secretary of Labour Party, I am quite aware and it is unassailable that the national chairman and the national secretary are the alter egos of a political party chartered with the day-to-day running of the party.

“It is, therefore, incontrovertible that the continuous stay of the governor as Chief Executive Officer of the All Progressives Congress runs contrary to the provision of the Constitution and as such may be an albatross on the party, as all he had done before would be null and void, including the nomination of candidates within the period of his so-called leadership of the party.

“It is apposite to assuage and hint the leadership of the party by reminding same of the decision of Lord Denning of over five decades in the case MACFOY v. UAC LIMITED (1961) 3 ALL E.R where the learned jurist held that: “If an act is void, then it is in law a nullity. It is not only bad, but incurably bad. There is no need for an order of the court to set it aside.”

“Whichever way this issue is being tilted, permitting a governor of a State to hold another executive office may create cravings in some governors to become the state chairman of their political parties as being recently tinkered by some of them.”

The Peoples Democratic Party (PDP) described the split decision of the Supreme Court as a verdict that Buni cannot continue to lead the APC as Caretaker Committee Chairman.

The PDP spokesman, Kola Ologbondiyan, said it is an aberration for Buni to serve as Yobe State governor and chairman of the APC at the same time.

Ologbondiyan said: “That is totally an aberration of the doctrine and dictates as established in the APC Constitution as well as the 1999 Constitution as amended.

“We insist that the process that led to the emergence of Governor Akeredolu was, and remains a violation of the APC Constitution as well as the 1999 Constitution.

“Section 183 of the 1999 Constitution states that no governor should hold any other position in any capacity, apart from the office of the governor. As you know, this was the major ground upon which we went to the Supreme Court”.

Penguin2:


Lol!

But that would no longer be justice; it would be something else.

But not like I’d be surprised; this is Nigeria.

Ordinarily, the judgment is sound and with far reaching implications.

I overflogged the issue during the Jegede-Aketi period, so I know it will fail in higher Courts.

fergie001:

I overflogged the issue during the Jegede-Aketi period, so I know it will fail in higher Courts.

it will be sustained in the court of Appeal. Keyamo warned them lat year but they never listen.

fergie001:

I overflogged the issue during the Jegede-Aketi period, so I know it will fail in higher Courts.

But you remember I called your attention to this sometimes ago but you dismissed it.

I’m happy it’s now happening.

Penguin2:


But you remember I called your attention to this sometimes ago but you dismissed it.

I’m happy it’s now happening.

When the SC speaks, other Courts bow.

This one will also fail. It is a Constitutional issue and only a panel of 7, irrespective of how the SC technically killed it, can overthrow same.

Nothing will come out of this judgement.

fergie001:

When the SC speaks, other Courts bow.

This one will also fail. It is a Constitutional issue and only a panel of 7, irrespective of how the SC technically killed it, can overthrow same.

Nothing will come out of this judgement.

Fingers crossed

The SC is highly political and politicised. garfield1 claimed (though I doubt it's veracity) that SC said the governor will only lose his seat since he was the one who committed the infraction. It seems the SC is saying the party is a victim of the governor's disobedience to the law and not an accomplice. In other words, they make it seem like the governor simply hijacked the party chairmanship while the party looked on helplessly. I hope it's not true though because it's obvious the party is a constitutional creation just as the governor is. Same SC has also ruled before that the only removal method provided for in the Constitution is via impeachment or resignation or natural causes. So how will they now go back to remove a governor when they clearly stated they don't have power to do so?
Fergie001 and penguin2. My thoughts

Agboriotejoye:
The SC is highly political and politicised. garfield1 claimed (though I doubt it's veracity) that SC said the governor will only lose his seat since he was the one who committed the infraction. It seems the SC is saying the party is a victim of the governor's disobedience to the law and not an accomplice. In other words, they make it seem like the governor simply hijacked the party chairmanship while the party looked on helplessly. I hope it's not true though because it's obvious the party is a constitutional creation just as the governor is. Same SC has also ruled before that the only removal method provided for in the Constitution is via impeachment or resignation or natural causes. So how will they now go back to remove a governor when they clearly stated they don't have power to do so?
Fergie001 and penguin2. My thoughts

I didnt claim,I posted excerpts from the apex court judgment.fergie001 also has a copy.there is no politics there...it is clear.section 183 expressly bans a governor from holding another paid or executive position while in office.while the minority judgment said the punishment should be for the parties alone,majority are saying the governor must be punished afterall the section refereed to governors specifically and I agree with them because governors are never forced to take up the position.it was their own choice to accept it.apc didnt force buni,he accepted it willingly.
Anyway in that judgment,the court also justified that caretaker chairmanship is not an executive or paid employment