By Mustapha Babalola Toheeb.

Recently, the Supreme Court pronounced a judgement in favour of Governor Rotimi Akeredolu in respect of his re-election as governor of Ondo State, which was received with great joy and happiness especially amongst the faithfuls of the rulling party as the apex court decision was a split judgment of four to three. It was just the decision of one Justice that would have turned the tide against him, but he was “lucky” to have escaped the hammer. The Supreme Court, in a split decision of four to three had dismissed the appeal filed by the governorship candidate of the Peoples Democratic Party (PDP), Eyitayo Jegede against the election of Governor Rotimi Akeredolu in the Ondo State governorship election.

Due to the fact it was a judgment that involved a Constitutional issue, a panel of seven Justices of the Supreme Court sat over the appeal as against the usual five Justices. While four out of the seven-member panel of justices of the apex court dismissed the appeal, three of the Justices, including the presiding justice, Mary Peter-Odili were of the view that the appeal should be allowed.

In its split judgment of four against three by the seven member-panel, which sat on the Ondo governorship election petition, the Supreme Court had contended that the reason it did not sack Governor Rotimi Akeredolu of the state, was because the Peoples Democratic Party (PDP) and its governorship candidate in the October 10, 2020 election, Eyitayo Jegede, failed to join the National Chairman of the party’s Caretaker Committee and Governor of Yobe State, Mai Mala Buni, even when the issues revolved around him.

As expected, the judgement has attracted a lot of reactions and analyses from legal experts, as there seems to be divided views as regards the position of law on whether Mai Mala Buni, the Governor of Yobe State and the current National Chairman of the Caretaker Committee, APC is allowed to be at the helm of affairs of the Caretaker Committee considering the provisions of Section 183 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) which provides as follows:

“the governor shall not, during the period when he holds office, hold any other executive office or paid employment in any capacity whatsoever.”

However, Article 17 (iv) of the APC constitution is clear and states that no official of the party shall at same time hold any executive position in any government institution.

Now, the above submissions particularly the laws and recent rulling of the Supreme Court has attracted two interpretations or views from legal experts across the country. The first view which was initially voiced by the Minister of State for Labour, Festus Keyamo (SAN), he was of the view that the recent rulling of the Supreme Court in the Jegede v Akeredolu case particularly taking into consideration the provisions of Section 183 of the Constitution is to the effect that Governor Buni cannot hold any other position including the position of the National Chairman of APC Caretaker Committee and that 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. He further advised the APC to halt all preparations and conduct of congresses nationwide forthwith, having analysed the implications of the judgment.

Apart from Keyamo, Chief Anthony Ajulo SAN, a constitutional lawyer has maintained the same position and according to him,the Nigerian constitution does not permit the same person to hold two executive positions, therefore, he called for the immediate resignation of Buni as the Acting National Chairman of the ruling party.

Chief Ajulo then added, “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.”

According to the Special Adviser to the President on Political Matters, Senator Babafemi Ojudu and Senior Special Assistant to the President on Niger Delta Affairs, Senator Ita Enang have also maintained the same position with the above submissions of the learned silks and also joined the call for the Buni committee to be disbanded.

On a final note, Akintayo Balogun, a private legal practitioner has also aligned himself with the first view and also opined that if Buni had been joined as a party in the Jegede v Akeredolu suit, the judgement would have been in favour of Eyitayo Jegede, SAN and PDP, except if the Justices again find another escape route for the Respondents. It would have been another judgment from the Supreme Court and not majority of the electorate.

Furthermore, he was of the view that every activity(s), duty(s), task(s) and responsibility(s) of the Caretaker (interim) Chairman from inception of his duty as caretaker, to the day he hands over to a substantive chairman or to another caretaker chairman, is rendered a nullity and of no effect once “properly” challenged.

The other view which was led by Chief Adeniyi Akintola SAN, one of Akeredolu’s counsels during the election petition was of the opinion that by the pronouncements of the Election Petition Tribunal and the Court of Appeal which was affirmed by the apex court, Governor Buni could combine both party and elective positions and that the minority judgement stating that Buni can’t hold the two positions has no value.

He went on to assert that the provisions of Section183 of the constitution, according to the justices wasn’t violated by Buni. That was the reasoning of the tribunal.The Court of Appeal even affirmed the election petition stance that Section 183 wasn’t breached.

The Learned Silk is not the only one on this path as the Deputy Senate President, Ovie Omo Agege also aligned himself with the second view and furthermore opined that going by the explicit provision of Section 183 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), it is absolutely impossible and untenable to argue that the provisions of Section 183 bars a Governor from being a Chairman or member of a Caretaker Committee set up by his or her political party. Moreso, the position of the Chairman of a Caretaker Committee cannot by any sense of imagination, logic or simple common sense be classified as being a salaried Executive office.

He added that there is no law under our legal jurisprudence that bars or prohibits a Governor who is a member of a political party and won elections under the political party from carrying out specific assignments on behalf of his party. How this will amount to holding an Executive office is beyond every stretch of human comprehension.

On a final note, he opined that Section 183 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) only bars a Governor from holding Executive positions like being a Minister, or any other executive positions for which he shall be paid for. It does not by any scintilla of imagination, render the appointment of Governor Bumi as APC Caretaker Committee Chairman incompetent and will not in any way, affect the legality or competence of the APC scheduled Congresses.

Going by the analyses from both sides, it is imperative that the rulling party need to get it right this time particularly on how to solve this legal conundrum as any wrong decision on the part of the party might threaten the existence of the party. Subsequent court pronouncements and time will tell whether an attempt to continue with Governor Buni on the part of the rulling party would not jeopardize their future or lead to a misfortune which might be worse than what happened to the party in Zamfara few years ago but before then God bless Nigeria.

ABOUT THE AUTHOR:

Mustapha Babalola Toheeb is a Pupil of Law, a content creator, a blogger & a student of Faculty of Law, Bayero University, Kano. He is the Founder of Lex Updates Publications, and the Zonal Director, Directorate of Programs, Policies and Projects, North West Zone, Law Students Association of Nigeria.

He is interested in advocacy, academic writing, legal writing/history, activism and a plethora of positivism. To reach him,email:toheebmustapha15@gmail.com or contact/whatsapp:08106244073.

REFERENCES.

APC IN JEOPARDY OVER BUNI’S CONTINUED STAY THE IMPLICATION OF THE SUPREME COURT JUDGMENT TODAY IN JEGEDE VS AKEREDOLU AS IT AFFECTS THE APC IS THAT THE PARTY MUST HALT ALL PREPARATIONS AND CONDUCT OF CONGRESSES NATIONWIDE FORTHWITH

AS NATIONAL CHAIR BY THISDAY NEWSPAPER.

GOVERNOR MAI MALA BUNI AS APC INTERIM CHAIRMAN, A NULLITY ABI INITIO BY AKINTAYO BALOGUN ESQ. WHY MAI BALA BUNI SHOULD STEP DOWN NOW BY ANTHONY AJULO SAN. THE IMPLICATION OF THE SUPREME COURT JUDGMENT TODAY IN JEGEDE VS AKEREDOLU AS IT AFFECTS THE APC BY FESTUS KEYAMO SAN.