The ruling All Progressives Congress (APC), seems to be walking on a tight legal rope ahead of the 2023 general elections. This is no thanks to the judgment of the Abuja division of the Federal High Court that nullified the nomination of Osun State Governor, Adegboyega Oyetola and his deputy, Benedict Alabi, as candidates of the party in the July governorship election.
The judgment was in respect of a suit marked FHC/ABJ/CS/468/2022, filed by the main opposition party, the Peoples Democratic Party, PDP, against
Governor Mai Mala Buni, Governor Isiaka Oyetola, his deputy, Benedict Alabi and the Independent National Electoral Commission(INEC).
Justice Emeka Nwite who delivered the judgment predicated his decision on the facts that Governor Mai Mala Buni of Yobe, who submitted their names to the Independent National Electoral Commission (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 also held that Buni acted in contravention of the provision of Section 183 of the Constitution when he held dual executive positions as the governor of Yobe and the Chairman of the National Caretaker Committee of APC.
The court said that the decisions taken by Governor Buni, including forwarding the names of Oyetola and Alabi to INEC, amounted to a nullity in law.
The provision of Section 183 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) is clear and 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.”
The judgment by Justice Nwite was in consonance with the minority of the Supreme Court that had nullified the nomination of Ondo State Governor, Rotimi Akeredolu in the appeal filed against him by the then candidate of the Peoples Democratic Party, PDP, Eyitayo Jegede.
The appeal arose from the Ondo State Governorship election of October 9, 2020, won by the incumbent Governor, Rotimi Akeredolu.
In a razor-split decision of four to three, the apex court validated the nomination of Governor Akeredolu on the ground that nomination of candidates, is an internal affairs of a political party, which the judiciary cannot scrutinize.
However, the minority decision of three justices, invalidated Akeredolu’s victory on the grounds that Buni’s acting leadership of the APC, was an incurable constitutional error, which invalidated Akeredolu’s nomination as the party’s candidate, because it was signed and passed to INEC by Buni.
In the present case, Buni organised the party’s convention where Senator Abdullahi Adamu emerged as the party’s National Chairman.
Adamu subsequently conducted the APC presidential primary which produced Tinubu as the party’s candidate for the 2023 election.
This has generated anxiety in some quarters that since something cannot be built on nothing, the emergence of Tinubu from an exercise initiated by Buni could also be declared a nullity by the court.
Reacting to the judgment, a Law lecturer and Spokesperson for the Atiku Abubakar Presidential Campaign, Dr. Daniel Bwala, said the implication was that the APC does not have candidates in all the governorship, national and state assemblies in the country.
He added that, “going by the decision of the High court that disqualified Gov. Oyetola on the grounds that the APC National Chairman who then acted didn’t qualify to act in that capacity, it means APC does not have candidates in all the Governorship, National and State Assemblies in the country.”
Speaking in similar direction, a reputable constitutional lawyer, Dr. Kayode Ajulo expressed fear that the presidential candidate of the APC and other candidates of the party may face similar fate.
He said: “It is a plague that could have been avoided if only they took my position on Governor Buni’s chairmanship misadventures serious. But the judgment has vindicated me.”
Ajulo, on July 31, 2021, while reacting to the pronouncement of the Supreme Court on the Ondo 2020 election, in which Governor Rotimi Akeredolu escaped being sacked as governor by a whisker, had warned the APC of unforeseen circumstances if Governor Buni continued duties as the then Caretaker Chairman of the party.
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In a statement titled, ‘Why Mai Mala Buni should step down now” in 2021, the lawyer had said “without prejudice to the ratio decidendi of the majority decision of the court, it is imperative to state pressistimo and very clearly too that with the unanimous position of the Apex Court that it appears the actions of the APC in permitting a sitting Governor as the Interim Chairman of the Party is in violation of the Constitution of the Federal Republic of Nigeria, it is my sincere view that the Interim Chairman of the APC should immediately step down. My humble but cosmic review of the judgment comes with an indication that the Governor of Yobe State, Mai Mala Buni has to vacate his seat, as the Chairman of APC with immediate effect.”
Ajulo has also foretold that if the apex court goes along the decision of the high court judgment, the current National Executive of the APC led by Adamu Abdulahi will also be swept out.
“If the Supreme Court upheld the judgment, the party’s presidential candidate, Bola Tinubu and other APC candidates for every elective position will have no business in participating in the 2023 general election.
“Can one put something on nothing and expect it to stand? Unless some strategic steps are quickly taken, invalidation of the party’s executives and candidates across all levels will be a great disaster to the APC and could mark its total collapse. This development is a stern warning to politicians to henceforth have regards for law and reasoned thoughts,” he said.
But the National Publicity Secretary of the APC, Mr. Felix Morka, a lawyer, dismissed the fears being expressed as highly misplaced.
Morka expressed confidence that the judgment of the High Court would be set aside by the Court of Appeal.
While insisting that the trial judge erred in his pronouncement, the lawyer said: “the judgment of the court is unsupportable. We are confident that the Court of Appeal will upturn the judgment. It isn’t supportable by fact of law. What Governor Buni Caretaker did was ratified by the convention, which is the highest organ of the party. The court didn’t avert itself to the fact of the matter.
Meanwhile, the party has filed an appeal against the judgment of the trial court.
It has equally filed a motion for stay of execution of the judgment which it described as a miscarriage of justice.
In its 19 grounds notice of appeal, the ruling party urged the appellate court to set aside the judgment of the Federal High Court and to affirm Governor Isiaka Oyetola and his deputy, Benedict Alabi as candidates of the party in the July 6 polls.
The APC in its notice of appeal filed by its counsel, Dr. Abiodun Layonu, SAN, and Abdulfatai Oyedele argued that the Peoples Democratic Party which brought the action, lacked the requisite locus standi to have instituted the suit.
According to the appellant, “by the provision of section 84(14) of the Electoral Act, 2022, it is only an aspirant who participated in the primary election that can complain that the provision of the Act and the guidelines of the political party have not been complied with in the selection or nomination of a candidate of a political party for an election.
It stressed that by section 284 (14) (1) of the 1999 constitution, only empowers a political party to challenge the action of the Independent National Electoral Commission, INEC, where the commission fails to comply with the provision of the Act in respect of nomination of its candidates.
The appellant therefore urged the court to set aside the judgment of the trial court because the plaintiff (PDP) lacked the locus standi to bring any cause of action that relates to the internal affairs of the appellant.
That the trial court erred in law when it held that INEC ought not to have accepted the nomination of Governor Oyetola and his deputy, Alabi, and thereafter disqualified them from participating in the Osun State Governorship election.
APC equally contended that the trial court’s reliance on section 82 (3) 84 (13) and 29 of the Electoral Act, 2022, to disqualify its candidates was erroneous and perverse and thereby occasioned a miscarriage of justice.
That it did not admit anywhere that the members of the defunct Caretaker Committee/Extra-Ordinary Planning Committee(CCEPC) coordinated the primary that produced the 3rd and 4th respondents as the appellant governorship candidates and no such issue was raised by the PDP.
However, as expressed by some legal experts, if the appeal fails at the appellate courts, the legal implication would be that the APC will not have candidates in the 2023 general elections.
This will be by the simple legal principles that you cannot put something on nothing and expect it to stand. (Daily Sun)
