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The Banana Peel Under APC’s Rickety Chair: The Booby Traps That Lie Ahead

Published

3 years ago

July 31, 2021

Eric

By Chief Mike A.A. Ozekhome SAN, OFR, Ph.D.

INTRODUCTION

The APC has ruled Nigeria for over 6 years. It has failed in all indices of governance. The three core areas on which President Muhammadu Buhari campaigned as its candidate, have been honoured more in breach than in observance. They are economy, security and corruption. Each pigeon hole oozes with the putrefaction of non-performance and abysmal failure.

Nigeria is worse off today under the APC than she was in 2015. Not a few Nigerians pray every day that the Party should be booted out of power with the urgency of yesterday. Some Nigerians have since mounted a calendar, counting how many days more Buhari has to remain in office before vacating same upon effluxion of his mandatory 2 terms tenure of 4 years each. Just 668 days. Only 668 days for Buhari to leave power; many celebrate. They count days. Some count weeks; some others, months. A beleaguered Nigerian wrote to me that he is only counting hours (16, 032 hours). Another added humorously that he prefers to count minutes (961,920 minutes)! Such is the disillusionments and regrets of the APC- Buhari administration.

The realization that Buhari under Nigeria’s constitutional organogram cannot have a third term gladdens many hearts, giving them a ray of hope; some light at the end of Nigeria’s dingy asphyxiating and strangulating tunnel. But, Nigerians do not know how to go about ensuring that another Emperor Buhari does not come back. They fear there would be no free and fair elections in 2023. What with Senate’s unpatriotic and undemocratic rejection of electronic transmission of votes, and the House of Representatives’ double-speak on it! Not few Nigerians believe that the outright rejection of electronic voting is preparatory to APC’s readiness to massively rig the 2023 elections, knowing it has performed below average in service and democratic dividends-delivery. So, Nigerians belly-ache. They gnash teeth.
However, Nigerians may now heave a sigh of relieve. Unwittingly. From the most unexpected source: the Supreme Court. There are many ways to kill a stubborn rat that enters a calabash without breaking the calabash itself. The cheapest opportunity is the current banana peel that sits like an emancipator under the APC’s rickety and crincky chair of nepotism, sectionalism, prebendalism, cronynism, apaque3ness in governance and poverty spread.

THE SUPREME’S JUDGMENT

It is the Wednesday, July 28, 2021, Supreme Court judgment in the Eyitayo Jegede V. Oluwarotimi Akeredolu (Appeal Nos: SC/448/21; SC/501/21; SC/508/21; and SC/509/21. The judgment was a very narrow 4 – 3 split decision in favour of Akeredolu. What a narrow escape! Aketi needs to go to Church for special thanksgiving.

The candidate of the Peoples Democratic Party (PDP) in the Ondo election, Eyitayo Jegede, SAN, and his party, the PDP, had challenged the competence of Akeredolu, SAN’s nomination/sponsorship for the election by the APC, contending that the letter conveying his nomination/sponsorship to the Independent National Electoral Commission (INEC) was incompetent, having been signed by Buni and others. They specifically urged the Court to determine whether Buni as a sitting Governor of Yobe State, could simultaneously double as the National Caretaker Committee Chairman of the APC (NCCC) to sign the nomination of Akeredolu, SAN, for the said governorship election.

They contended that by the provisions of Section 183 of the 1999 Constitution and Article 17 (4) of the APC constitution, Buni had acted unlawfully by being the Yobe Governor and serving as APC’s NCCC Chairman, all at the same time. They contended that because of this vice, the nomination/sponsorship letter Buni signed for the APC, notifying INEC of the candidacy of Akeredolu and Lucky Aiydatiwa (as APC’s Governorship and Deputy Governorship candidates) was void. They then urged the apex court to void the July, 16, 2021 judgment of the Court of Appeal, Akure Division, which had validated Akeredolu’s election.

THE MAJORITY DECISION

In his lead majority split judgment, Justice Emmanuel Akomaye Agim held that, since Jegede and the PDP made Buni the centre of their allegations of constitutional breaches, he ought to have been made a party in the case to enable him defend himself in line with the doctrine of fair hearing.

The Supreme Court proceeded to uphold the earlier judgment of the Court of Appeal, to the effect that the petition filed by Jegede and his party to the election tribunal was incompetent because they failed to join Buni as a party.

Justice Agim held: “The appeal was based on the ground that Mai Mala Buni, the Chairman of the NCCC of the second respondent (APC), was holding office as the Governor of Yobe State, contrary to the provisions of Section 183 of the Constitution of the Federal Republic of Nigeria (1999).

“All the issues raised, revolved around Mala Buni. But, Mala Buni, who is at the centre of the dispute was not made party to the petition. It is obvious that the determination of the said issues will affect him.
“Therefore, the court below was right to have held that he was a necessary party to this suit. Failure to join him renders the determination of the matter impossible. To proceed to do so would have violated the fair trial of the case.

“Therefore, we affirm the lower court’s decision that the petitioner was incompetent.

“There is no dispute that the third and fourth respondents (Akeredolu and Aiyedatiwa) were nominated by the second respondent (APC) as its candidates for the election; that the second respondent submitted their names to the first respondent (INEC) as its candidates, in accordance with Section 31(1) of the Electoral Act.

“They were therefore sponsored by the second in accordance with Section 177(c) of the Constitution (1999). It is not in dispute that Mai Mala Buni is acting as the National Chairman of the second respondent,” he said.

Justice Agim therefore held that the decision to allow Buni act as its National Committee Chairman (in the interim) was made by the APC, despite the provisions of Article 17 (4 of its Constitution, thereby making the decision internal to the party.

He added: “The second respondent (APC) allowed him (Buni) to be its Chairman in the interim inspite of Article 17 of its constitution.

The vires of this decision of the party is non-justiciable. This appeal fails and it is hereby dismissed,” he held.

THE MINORITY DECISION

The minority judgment differed in all material particular from this majority opinion.

In the lead minority judgment, Justice Mary Peter-Odili (who also presided on the panel) upheld Jegede’s appeal and dismissed the cross-appeals by INEC), APC, Akeredolu and Aiyedatiwa; just as the same majority Justices had also done.

Justice Odili was of the firm view that since the APC, for which Buni acted, was already a party in the case, there was no need to include him as a party.

She added that having allowed Buni to act on its behalf in signing the nomination/sponsorship letter of its candidates in Ondo despite the clear provisions of section 183 of the 1999 Constitution and Article 17(4) of the APC Constitution, the party should live by the consequences of its lawlessness.

“I do not agree with the majority judgment,” she dilated emphatically, noting that the APC, by Article 17(4) of its Constitution has provided for how its affairs should be managed and what offices its members should occupy at a time.

“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 17(4) of its Constitution and Section 183 of the 1999 Constitution to do so, that document has no validity, and thereby void,” she said.

She noted that the implication was that the nomination and candidacy of Akeredolu and his Deputy was a complete nullity and that the person, who ought to be declared winner of the election” is the first appellant (Jegede), who has the majority of valid votes.”
Justice Peter-Odili further held that it was unlawful and amounted to a violation of Article 17(4) of the APC Constitution and section 183 of the 1999 Constitution for Buni to be serving as the National Chairman of the APC and the Governor of Yobe State at the same time.

Justices Ejembi Eko and Mohammed Saulawa concurred with Justice Peter-Odili in upholding the appeal and dismissing the cross-appeals filed by INEC, APC, Akeredolu and Aiyedatiwa.

LEGAL ANALYSIS

THE LAW

Section 183 of the 1999 Constitution 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’’.

If there was any doubt as to the dangerous implications of this section in Buni acting as the APC National Caretaker Committee Chairman, section 17 (iv) of the APC Constitution is quite clear and unambiguous on this. It provides that “No official of the party shall at the same time hold any Government position in any Government institution”.

Thus, while the 1999 Constitution views Buni’s appointment from the position of Governor (Executive) to the party, the APC Constitution takes the reverse view of Buni’s appointment from the APC to the Governor (Executive). So, head or tail, position APC is in trouble.

CANONS OF STATUTORY INTERPRETATION

Canons of statutory interpretation are clear to the effect that when a statute is enacted in clear words, such words should be given their natural, usual and ordinary meaning in their interpretation. This shows the intent of the Legislature. See Ikpaezu V. Ogah & Ors (2016) LPELR-40845 (CA); Ofodile & Anor V. Aliozo & Ors (2021) LPELR-54159 (CA); Gana V. SDP & Ors (2019) LPELR-47153 (SC); Skye Bank V. Iwu (2017) LPELR-42595 (SC).

The Supreme Court majority judgment did not disagree with the fact that Mai Mala Buni as Governor of Yobe State was not competent to function as National Chairman of a political party (APC) and nominate a candidate for election through the INEC. Its view (and this must be respected) is based mostly on the rather technical stance (also earlier adopted by the Court of Appeal), that the non-joinder of Buni as a party in the suit was fatal to the PDP and Jegede’s appeal. Was it really? How, when the APC, which sponsored Buni, and for whom Buni at all material times acted as an agent was already a party to the suit? I do not and cannot understand this. Or, do you? The law is trite that you do not need to go after an agent (Buni) where there is a disclosed principal (APC). Such a disclosed principal is solely liable for its agent’s authorized actions, as the agent is not personally liable. See Okafor V. Ezenwa (2002) 13 NWLR (Pt. 784) 319; Osigwe V. PSPLS Management Consortium Ltd (2009) 3 NWLR (Pt 1128) 378.

EXTRAPOLATIONS FROM THE SUPREME COURT’S JUDGMENT

The simple conclusion is that if Buni had been joined as a party in the suit, the story would have been different, as the APC would have lost Ondo State to the PDP. Pronto! It is that simple. Indeed, it is rare to see such a close shave of 4-3 split judgment by the Supreme Court. Minority decisions are usually more rigorous and better researched as they seek to swim against the tide of the majority opinion that may be tyrannical.
The Supreme Court’s judgment has simply furiously (perhaps, inadvertently), weaponised all those that would be aggrieved by the APC’s forthcoming Congresses and other elections. They only need to go to court to challenge the competence of the Buni-led NCCC to organise the forthcoming Congresses and National Convention. Thus from bottom to top, the APC’s amorphous structures made up of disparate tendencies have been irretrievably damaged, nay, destroyed. All Congresses, meetings, conventions and elections that henceforth have the imprimatur of Governor Mai Mala Buni are subject to being quashed by the court at the instance of any aggrieved party member. Indeed, all actions so far taken by the Buni-led NCCC in that capacity can be quashed by any aggrieved member of the APC. Such a member has locus standi if he can show his membership card. Here comes the banana peel! APC will slip. And the fall will be thunderous. And Nigerians will applaud. God, how mighty thou Art!

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I’ll Resign If Yaya Bello Eacapes Prosecution, EFCC Chair Vows

Published

34 mins ago

April 23, 2024

Eric

Chairman of the Economic and Financial Crimes Commission (EFCC), Mr. Ola Olukoyede, has sworn to follow the prosecution of the Governor of Kogi State, Yahaya Bello, to a logical conclusion.

In a chat with journalists at the EFCC Headquarters in the Jabi area of Abuja on Tuesday, the anti-graft crusader vowed to resign as EFCC chairman if Bello is not prosecuted.

He added that all those who obstructed the arrest of the former governor would be brought to justice.

The EFCC is seeking to arraign Bello on 19 counts bordering on alleged money laundering, breach of trust and misappropriation of funds to the tune of N80.2 billion.

He said that no matter what anyone does or the amount of attack against the anti-graft agency, he and his men will not relent in helping to sanitise the country.

Olukoyede said the EFCC needs the support of Nigerians to succeed, emphasizing that if the agency fails, Nigeria fails. He stated that the efforts made currently have helped the value of the Naira and the foreign market.

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Kwibuka 30: Nigerian Community In Rwanda Visits Kigali Genocide Memorial

Published

1 day ago

April 22, 2024

Eric

By Dolapo Aina

The 30th Commemoration of the 1994 Genocide Against The Tutsi commenced in Rwanda on Sunday, April 7, 2024. The commemoration is called Kwibuka which in Kinyarwanda means “to remember.”
For clarity and context, April 7th 2024 marked the start of Kwibuka 30, the 30th commemoration of the Genocide against the Tutsi, which began on April 7th 1994. As with other commemorations, the Kigali Genocide Memorial was a focal point as the flame of remembrance was lit and global dignitaries placed wreaths at the mass graves. The memorial is normally closed to the public for part of the day on April 7th, with attendance at the lighting of the flame by invitation only.
In and around Kigali during the first week of the commemoration, a plethora of commemorations took place to mark Kwibuka 30 and different events took place during its first week in particular. Bars, clubs and public leisure facilities are usually closed for the week and this was so, this year.
The Nigerian Community in Rwanda marked Kwibuka 30 with a walk to the Kigali Genocide Memorial on Saturday, the 13th of April 2024. The walk had members (old, new and friends) of the Nigerian Community who gathered in the rain and walked to the location of the Kigali Genocide Memorial in Gisozi where the remains of over 250,000 people are interred.
A tour of the memorial complex ensued and the members of the Nigerian community watched a documentary in the viewing room. The documentary featured survivors of the 1994 Genocide Against The Tutsi who usually visit the memorial to pay their silent respect and reflections to loved ones who are buried in the burial grounds of the Genocide Memorial.
Walking through the hallways and rooms, Nigerians read the stories on the hallways and discussed amongst themselves. For some, it was their first time at the memorial, for others, it was the umpteenth visit. For Dolapo Aina, I have been visiting the memorial since April 2014 and for each visit (numbering close to 70 visits), I come out with a newer and clearer understanding. It was a sombre period going through the hallways and rooms as some people could not go through the emotions of going into the children’s room. Wreaths were laid at the grave site section and the members of the Nigerian community proceeded to a serene area of the complex facing the amphitheatre where there was a deep hour conversation with one of the officials of the Kigali Genocide Memorial.
Mr Jean Claude Mugisha (an official of the memorial in Gisozi) practically took the Nigerian community through the genesis of the history of Rwanda and the beginning of pogroms from the 1950s culminating in the 1994 Genocide Against The Tutsi. In Mr Mugabe words; “I have been able to forgive. Also, I am involved in unity and reconciliation activities and learning from the power of forgiveness.” Discussions also centred on justice systems, the role of Gacaca court system, reconciliation and nation building. Members of the Nigerian Community asked questions which were answered. Some of the questions triggered areas of collaboration.
Dolapo Aina got the thoughts of some Nigerians resident in Rwanda and who took part in the walk to the Genocide Memorial. Their responses were based on the following questions. Why did you partake in the walk organised by the Nigerian Community in Rwanda to commemorate Kwibuka 30? What was the experience like? Do describe your thoughts when you visited the Genocide Memorial? What stood out to you from the conversation the Nigerian Community had with officials of the Kigali Genocide Memorial? What lessons did you learn from the visit of the Nigerian Community to the Genocide Memorial?
Mr David Oboh in his words; “I partook in the walk to identify with a nation that experienced one of the worst crimes to humanity but today has become a beacon of hope to African nations that things can actually turn around for the better if you decide to. It was heart-wrenching seeing the bones and pictures of the victims murdered in cold blood by family members, neighbours and long-time friends.” On the third question about what stood out during the conversation, Mr Oboh said; “That a man after 15 years in jail came out and still committed murder because he thought he had killed everyone in a family. His mind had not left the past.” He also stated that; “The memorial is a reminder to all that history not forgotten cannot be repeated.”
In Ms. Mercy Odebode’s words: “It not my first time visiting the memorial but this was a different experience for me because it made me realise why Rwandans tend to certain things and also don’t do certain things. For example, viewing religions especially religious institutions like the church differently from the way Nigerians would view it.” She stated that what stood out for her was: “The peace education stood out for me.” On lessons learnt from the visit by the Nigerian community; “First spread peace and not hate. Secondly, forgiveness is not an obligation, you choose to forgive. However, it is good to educate people about forgiveness, educate to forgive and then you proceed with reconciliation.”
Mr. Ogah Ogbole stated that: “The walk by the Nigerian community is something I would not want to miss anytime. I have the opportunity to do so with my fellow countrymen. My experience visiting the memorial and my thoughts can be summed up as ⁠heartbreaking to see fellow Africans killed in cold blood, by their own brothers. Something must have gone wrong somewhere. What stood out for me during the conversation with the officials of the memorial was that Rwandans understand history; they know how to resolve conflict and they know how to move forward. And I learnt to love my brother and my neighbour. More especially, seeing the Rwandans committed to remain one despite the 1994 Genocide Against the Tutsi blows my mind.”
Another Nigerian, Mr Kelechi Anyanwu stated that: “Partaking in the walk organised by Nigerian Community in Rwanda to commemorate Kwibuka 30 is a civic responsibility which I owe the host country; to stand in solidarity with them at this time of remembrance and in all times. I have visited the genocide memorial site more than 20 times within the short period that I’ve lived here in Rwanda. And every time I visit, I weep. Never will I stop visiting because it offers and brings me close to the reality of sober reflection that one day we shall all be gone and will only be remembered by those we left behind and how we left, will matter. Did we impact their lives positively or negatively? What will you be remembered for?”
On the experience and thoughts about visiting, Mr Anyanwu went thus: “It is also a constant reminder of how desperately wicked people’s hearts can be. With few exceptions. Lions, the king of the jungle don’t kill lions even as animals. Howbeit human beings with 6th sense got to the level of committing such crime against humanity! Therefore, visiting the Genocide memorial site is to provoke the whys and hows and arrive at a conclusion of never again should we condole or tolerate the killing of each other. Let’s love and not hate. The tour and the speech by the officials were quite insightful and significant as it left us with a better understanding of the effects of genocidal damage to humanity. The process of restoration. restitution, rehabilitation and reuniting to rebuild a nation for all; are the testaments of genocide survivors.”

Another Nigerian, Mr Cosmas Anakwue stated; “I took part in the walk to support the Nigerian community and to support Rwanda’s commemoration of Kwibuka 30. My experience at the memorial was good as it was an eye opener; it was informative and educational. What stood out for me was the attention given to the Genocide events and how we can relate it to our history as Nigerians. And one of the lessons I learnt was that we should use our bad history as a building block for our various nations in unity, peace and progress.
According to Kwibuka Rwanda, Kwibuka marks a generational cycle since The Genocide Against The Tutsi was put to an end. And it is a time to reflect on Rwanda’s journey of rebuilding strength, resilience, and unity. It now falls to new generations to sustain and carry forward this progress, adapting to today’s global challenges to achieve Rwanda’s aspirations.
The Nigerian Community in Rwanda commenced commemorating Kwibuka with a walk to the Genocide memorial in 2019.

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Connect Initiative To Celebrate Gov. Umo Eno’s 60th Birthday With Empowerment Programme

Published

2 days ago

April 21, 2024

Eric

Connect Initiative, a socio-political group of entrepreneurs and professionals is set to commemorate the 60th birthday of Akwa Ibom State Governor, Pastor Umo Eno by empowering 60 vulnerable people from across the 31 Local Government Areas of the state.

The empowerment programme scheduled to hold in Uyo, the State capital on Tuesday, April 23, 2024 would witness the group presenting financial support to the beneficiaries.

According to a statement by the Connect Council“ Knowing full well His Excellency’s modest and humble disposition, we totally agree with his decision not to throw any huge party when many of our people are struggling to meet their basic needs, which has led the state government to establish the Bulk Purchase Agency and introduce a Food Sufficiency Intervention Programme which involves the distribution of free staple foodstuff: rice, beans and garri.

“For us at Connect Initiative, we believe we should support this noble vision of giving a boost to people at the grassroots. We believe that by helping these people develop, the beneficiaries can gain the power to sustain their livelihoods, achieve self-sufficiency and also contribute their quota to the development of our dear state.

The Council further stated “Governor Umo Eno has been in the forefront of efforts engendering business and economic growth with the creation of different initiatives including the establishment of the Ibom Leadership and Entrepreneurial Centre (Ibom-LED) aimed at cutting down poverty figures and providing unique opportunities for youths interested in making a career of their talents, thus his idea of not feeding them fish but teaching them how to fish is commendable.

Connect Initiative which was one of the groups that campaigned vigorously for Governor Umo Eno at the last gubernatorial election noted that in line with its pay-off line “connecting the dots”, it would henceforth be linking government’s programmes to the people at the grassroots with innovative and value-added projects that would have direct impact on the people.