AHEAD of 2019 general election, what appears to be the immediate, major obstacle before the ruling All Progressives Congress (APC) is not how to retain power, but the seeming herculean task of dislodgment of its National Working Committee led by Chief John Odigie-Oyegun. It is a task the anti-Oyegun forces have saddled themselves but have not been able to execute. It has since polarised the party chieftains: governors, federal lawmakers and even the Presidency into camps of pro- and anti-Oyegun forces. It is a war of attrition that has dragged on for long, since 2016 when a national leader of the party and former Lagos State governor, Senator Bola Tinubu and the embattled former Edo State governor engaged each other in media diatribe over the management of the party affairs.
Last October, plot by the anti-Oyegun forces to remove him was aborted at the meeting of NEC as the organ of the party passed a vote of confidence in his leadership. Last February, Chief Odigie-Oyegun and his sympathisers further consolidated their grip on the ruling party’s national secretariat as the APC NEC granted the national chairman and his team and by extension, its executive at state chapters, one year extension. By the proclamation of NEC, the tenure of the chairman, which was to terminate in June 2018, was extended to June 2019.
At the end of the NEC session, an unapologetic backer of Chief Odigie-Oyegun and Kogi State governor, Yahaya Bello, was mandated to brief newsmen on its resolution. Governor Bello told newsmen that the decision was taken to avoid crisis that an elective convention, barely a year to the general election, could throw up. He further noted that it could complicate the existing internal dissension within the ruling party.
He said: “At the end of the NEC meeting today, a major decision was taken in line with the constitution of the party. We are all aware that the tenure of the current NWC and the executive members of this party, both elected and appointed, comes to and end June this year.
“Considering the time left for the party to conduct all the congresses and convention, and considering that our leader, Senator Tinubu, has been charged with the responsibility of reconciling all aggrieved members of our party, we cannot afford to approach the general election with more disputes and crisis.
“And relying on Article 13 of our Constitution, which empowers the NEC to carry out the functions of the convention, the NEC has decided to extend the tenure of the current NWC and other executives committee at various levels for another 12 months, starting from June 30.
“Let me tell you that this will not stop the convention of the party but to go into elective congresses is what we are trying to avoid, relying on the constitution of our party, as a matter of fact, President Buhari believes in ensuring that there are congresses and convention across board. How would you manage the crisis that will arise thereabout? Let me give you instances, in Ekiti and Osun states, their state congresses were postponed similarly in 2014 ahead of the elections, just two states to avoid crisis, talk less of the whole country. So, that is why this decision was taken.’’
The booby trap
While Odigie-Oyegun’s loyalists were excited over the development, the aggrieved camp, licking its wound, regrouped to review its strategy. The nation’s courts have since been flooded with litigation over the NEC resolution. The anti-Oyegun camp is insisting that the proclamation of tenure extension without recourse to the highest organ of the party, the national convention, is improper.
Sunday Tribune checks revealed that by virtue of Article 30 of the APC 2014 Constitution (as amended), only the national convention is vested with the powers to alter the party’s constitution. The section reads: ‘‘This constitution and the schedules hereto, can be amended only by the National Convention of the party”.
“Notice of any proposed amendment by any member or organ of the party shall be given to the National Secretary at least 14 days before the date of the National Convention. The Notice shall be in writing, shall contain a clear statement of the proposed amendment and reasons thereof it.”
“Notice of proposed amendment(s) shall be served on the members of the National Convention at least fourteen (14) days before the date of the meeting at which the proposed amendment is to be considered.
“Publication of the notice of the proposed amendments in a national newspaper shall be deemed to be sufficient notice;
“The Constitution or any part thereof shall stand amended if a proposed amendment is supported by at least two thirds of the delegates present and voting.’’
One of the cases was instituted by its member from Imo State, Okere Uzochukwu, before the Federal High Court in Abuja, challenging the extension of the tenure of members of the Chief Odigie-Oyegun- led National Working Committee.
Joined in the suit marked, FHC/ABJ/CS/219/2018, are the APC and the Independent National Electoral Commission. Uzochukwu through his lawyer, Nnamdi Okere, is asking the court to compel Chief Odigie-Oyegun and his team to vacate their respective offices with effect from June 1, 2018, when they would have completed their four years tenure.
He is also seeking for an order compelling INEC “to reject, cease to recognise and stop dealing with or having official communications with the Odigie-Oyegun-led National Working Committee” and others effective from effective from June 1, 2018, “for having spent the constitutionally allowed tenure of office.”
Uzochukwu’s lawyer also contended that by virtue of Article 13.3 (iii) of the party constitution, ‘’Decision of the NEC shall be binding on all organs and all members of the party, except the national convention.’’
Sunday Tribune findings revealed that even as the party national working committee put up a façade of indifference over the pending cases, with a threat to clampdown on its recalcitrant members, it was also scheming to change the nomenclature of the extension granted it.
A party source revealed that the national legal adviser of the party, Muiz Banire (SAN), along with certain governors, had planned to impress it on the NEC to pass another resolution of a caretaker committee with Chief Odigie-Oyegun and his team as beneficiaries.
Reprieve, however, came for the party on Tuesday when President Buhari demanded a review of resolution of its NEC held last February.
He specifically demanded that processes must be set in motion for the conduct of the party convention as he warned that granting tenure elongation was in breach of the APC and the Nigerian Constitutions.
He said: “I am delighted to once again welcome you to this National Executive Committee meeting of our great party. As we usually do, I hope we will take the opportunity of this gathering to resolve outstanding issues, and consolidate on our plans towards making APC the strongest defender of the interest of our people.
“In particular, I think it is important for me to speak quickly on the contentious issues of the tenure of our national and state executive officers.
“As we all know, a motion was moved in the last National Executive Committee, (NEC) meeting of February 27, to the effect that when the tenure of the current executives expires in June this year, they should be allowed to continue for one year.
“This motion was duly adopted by the majority of members present at the last NEC meeting, even though some of our party members have since spoken up vehemently against it, others have even taken the matter to court.
“On my own part, I have taken time to review and seek advice on the resolution and what I found is that, it contravenes both our party’s constitution and the Constitution of the Federal Republic of Nigeria.
“While the APC constitution in Article 17(1) and 13.2 (b) limits the tenure of elected officers to four years, renewable once by another election, the 1999 Constitution of Nigeria (as amended) in section 223 also prescribes periodic election for party executives at regular intervals which must not exceed four years.
“Furthermore, Article 31 of our great party’s constitution provides that any principal officer wishing to recontest, or contest for another post, must resign from his current post at least one month before the election.
“In this circumstance, what is expected of us, is to conduct fresh elections once the tenure of the current executives approaches its end. A caretaker committee cannot remedy this situation and cannot validly act in place of elected officers.
“Furthermore, I think if we deviate from the constitution and provisions, we might be endangering the fortunes of our party. “If the tenure of our party executive can be legally faulted, then, it means that any nomination and primary election that they will conduct can also be faulted.
“This is not to talk of division that will arise and it is already arising within the party when some of our members feeling that they are being denied the rights to aspire to executive positions when internal democracy is not at play within the party.
“I am, therefore, of the firm belief that it is better to follow strictly the dictates of our party and national constitutions rather than put the APC and its activities at grave risks.
“Fortunately, we have approved a timetable for the order of congresses and the elections. I think this should be allowed to go forward and all efforts should now be geared towards making them a great success the president had said.”
Oyegun forces fight back
Following the development, it was, however gathered that governors sympathetic to the embattled national chairman are not comfortable with the new stance of President Buhari which they dismissed as a volte face and capitulation to the aggrieved camp led by Tinubu.
In the Chief Odigie-Oyegun camp are Nasir el-Rufai, Yahaya Bello, Umar Ganguje, governors of Kaduna, Kogi and Kano states, respectively. Others are Rotimi Akeredolu and Ibikunle Amosun of Ondo and Ogun states respectively.
An illumination that the APC NWC was not willing to let go easily was revealed shortly after the conduct of its NEC meeting. Addressing newsmen, National Publicity Secretary of the party, Mallam Bolaji Abdullahi, said the tenure extension would subsist, pending the recommendations of a technical committee to be set up by NEC to examine the observations of President Buhari.
Insisting on the status quo, he further noted that Buhari’s new stance was not binding on the party NEC.
“The president’s position has not changed the position of NEC. NEC has not reversed itself on the tenure extension. The decision of the NEC on the one year extension still stands. The President isn’t NEC. The NEC will have to reverse itself, but right now, it hasn’t done that. So, the tenure extension still stands, “ he said.
Navigating a blind alley
While the bipolar forces in the APC battle for control of its structure, the ‘peace’ in the amorphous platform remains that of the grave yard. A chieftain of the party confided in Sunday Tribune that the leaders of the party would have to lobby and convince the litigants in court to withdraw the pending cases in court before the NEC can even reverse itself as any pronouncement by that organ of the party on the tenure extension could be deemed subjudice, an affront on the authority of the court.
and then