Anthony Iwuoma
Deputy national chairman, North of the All Progressives Congress (APC), Sen. Lawal Shuaibu, has described the party as a nest of lawlessness.
This ascription may be precursor to fresh crisis brewing in the ruling party, as it prepares to go into gubernatorial elections in Ondo and Edo states.
Speaking yesterday in a statement in Abuja, Shuaibu accused the APC National Chairman, Adams Oshiomhole, of resorting to illegal acts that may cost the party the two states in the coming elections.
However, Dr. Ehiogie West-Idahosa, Oshiomhole’s lawyer, absolved the chairman of any breach of the party’s constitution.
Shuaibu in the statement, entitled “APC and its future, let us exercise caution,” frowned at the appointment of Waziri Bulama, as acting National Secretary for the party.
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He cited his letter to Oshiomhole on May 28, last year, warning him of the dangerous direction the party was heading, and the need for him to vacate the office of the party chairman.
However, he regretted that rather than heed the advice, Oshiomhole took offence and turned it against him, claiming that those matters he had noted the said letter had had been fulfilled and added that the party had become ‘a den if lawlessness’.
The statement partly read, “Till date, the party, founded on the principles of constitutionalism and rule of law, is now subject of arbitrary administration without regard for the dictates of the law. The ruling party which ought to be a model for others in upholding of the rule of law, is now the nest of lawlessness.
“The entire legal framework governing party’s administration in Nigeria today, the Nigerian Constitution, the party constitution, the Electoral Act and INEC regulations and guidelines are more honoured by the party in breaches than obedience.
“To buttress my above assertion, the following few examples will drive the point home. By (Article 9.1(ii) and 9.4 (i) of APC Constitution as amended, pages 6 and 8) every member will be registered at his ward when his or her name is entered in the register by the Ward Executives.
“My understanding of this provision is that power in the party is exercised bottom up! What this means is that every member of the party is answerable to his constituency. Being a party member, therefore, is a constitutional issue embedded in the membership register.
“Also, the Constitution of the party stipulates a mandatory meeting of the National Executive Committee (NEC) every three months (Article 25 B (i) of APC constitution as amended.). This regular meeting is not only targeted at keeping the members abreast of developments, but also ensuring collective responsibility of decision taken.
“By the combined effect of the above provision and Article 18 of the APC Constitution as amended), NEC is the main decision making organ after the convention, and shall meet every three months. The power to set up standing or ad-hoc committees of the party is vested in the same NEC.
“It will be recalled that part of my agitation in the period running from 2018 to 2019, was the need and request that both the screening and the selection committees ( Selection Committee being committee for primaries) be set up by the party.
“Rather than acceding to this imperative request, the chairman chose to personally constitute both the screening committees for the governorship and senatorial elections, as well as the final appeals committee, all in violation of the extant constitutional provisions of our party vesting the power in NEC.
“To worsen the situation, and in violation of rule of natural justice, he made himself the chairman of both committees. It is this refusal to convene NEC to perform its role that has led the party to the comatose state it is now. My fear is, it is being repeated now for Ondo and Edo.
“Again, the APC Constitution in Article 20 () (a) made it unambiguously clear that all party posts prescribed or implied by this constitution SHALL be filled by democratically conducted elections at the respective convention (in the case of NWC or NEC) or congress (in the case of Executive Committees at State, Local Government or ward levels) et al.’’
The deputy national chairman said the appointment of an acting National Secretary for the party was unconstitutional and of no effect.
He said, “There is nowhere in that same constitution where it was envisaged that an officer of the party could be appointed by the Chairman nor the NWC.
“Not even NEC has the power to appoint any national officer of the party in any capacity. Let me ask this simple question, what is difficult in organising a mid term convention to elect the officers in line with the constitution so that even the officers will have confidence that they are elected like all other officers?
“The constitution of the party in Article 25 (A) (1) page 89 stipulates that there shall be a convention every two years.
“We had convention in 2018 and another one is due in 2020. What is the hurry in appointing an acting national secretary when we have the duly elected deputy national secretary who have been acting in that capacity since December 2018 in line with Article 14.4 of the Constitution on page 58?
“All NWC officers have offices of their deputies to take charge of that office in the absence of the principal, in consonance with article 14 of the constitution in its entirety.
“But what is happening to this constitutional provision? Does it have a different legal interpretation?
“The self-imposed and national publicity secretary in a press statement, stated that the National Working Committee (NWC) had appointed an acting national secretary. How do you appoint? Are we still running a party with rules and regulations?
“This is now the pattern in the party. Let me state unequivocally that any nomination signed by such acting national secretary is a nullity and liable to be challenged by the opposition. Are we deaf and blind?
“What are the leaders of the party doing in the midst of this anarchy? Are they all equally fed up with the seeming collapsing party in the hands of a politically injured person that seems to be nursing political revenge?
“The leaders need to take a stand so that the followers know whether the party is now either a jungle or that entity of our collective dream at the inception.
“Majority of the members of the party are already perplexed, disillusioned and some even weighing their options. A stitch in time, I believe, saves nine!
“By Article 2 of the APC Constitution, provides that subject to the provisions of the constitution of the Federal Republic of Nigeria, 1999 (as amended) and any other laws for the time being in force in the Federal Republic of Nigeria, the provisions of this constitution SHALL be SUPREME, PROVIDED that where any rule, regulation or any other enactment shall, to the extent of its inconsistency, be null and void and of no effect whatsoever.
“This document leaves no room for any form of aberration or brigandage. In the light of the above, call on leaders of APC to urgently intervene to ensure the provisions of the party constitution are adhered to and not further compromised.
“Let me state categorically that I have no political ambition beyond where I find myself and my interest, if I may state, is borne out of genuine intention to save the party I laboured to build.”
Shuaibu expressed concern that with the state of affairs in the party, it could be defeated in the upcoming elections in Ondo and Edo states.
“With regard to Ondo and Edo primary elections, there is already absence of transparency.
“The regulations issued that will guide the processes are already in violation of Article 20 (v) on page 76 of the APC constitution as amended where only the National Executive Committee (NEC), is the only organ that SHALL approve such guidelines and regulations which include the mode of nominating our candidates. I am crying for APC inside me! Zamfara, here we come again.”
Nevertheless, Oshiomhole’s lawyer, West-Idahosa said, “I can’t see any part of that constitution that Comrade has breached. The way the APC constitution is organized, there is so much power given the national chairman, he is the chief executive of the party.
“Article 14 (1) makes the national chairman the chief executive and accounting officer of the party. It gave him several other powers, such as to give general direction to the party, to provide good and effective leadership to the party.
“Bulama was brought in to replace the secretary, who is now Governor of Yobe State, both of them are from the North-east. There is nothing that specifies the method of replacement.”
