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The Viability and Essence of Article 17 (IV) of the All Progressives Congress (APC) Constitution

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By Segun Ajibola (SAN)

The aim of this write up is to critically analyze the ambiguity of Article 17(iv) which provides that “no officer in any organ of the party shall hold executive position office in government concurrently”. This has caused a lot of uproar recently as notable members of the party such as the previous legal adviser who was appointed as one of the Directors of the Asset Management Corporation of Nigeria, while serving as the National Legal Adviser of the APC.

In interpreting the said provision, it begs the question “who can be said to hold an executive position in government? The APC Constitution fails to shed any sort of light on this issue, as an executive position in government may include officials such as, the President, Governor, Local Government Chairman, Ministers and Commissioners. While another school of thought may disagree and insist that includes everything Government, including Senators, the House of Representatives and even directors at ministries of the State and Federal Government.

This ambiguity has been in existence since the inception of the APC and has continued to remain all these years and has achieved nothing except confusion and dissatisfaction of aspirants and a recent example, is that of Mrs. Kemi Nelson who contested for the position of Women Leader (South-West Zone) and won same unopposed. Meanwhile some persons have applied unscrupulously applied to the Chairman that the duly elected South West Women Leader, failed to resign from her post as a director at the Nigeria Social Insurance Trust Fund, without fully understanding the provisions of the statute.

While Mrs. Kemi Nelson can be to be a public officer in a government agency, I do not believe she can be said to hold an executive position under this government. The Court in LONGE v. FBN PLC (2006) LPELR-7682 on the nature of executive directors held as follows:

“It is settled that the executive directors are mere senior managers appointed by the Board under the Articles of Association for convenience and interest of running the company.

Consequent upon the above, it is clear that the Mrs Kemi Nelson, is a mere employee of the Federal Government and as such her position cannot be classified as that of an executive officer of the Government.

The ambiguity if this article cannot be overemphasized as definition of who an executive officer of Government to five people can lead to five different answers. The reason for this is not farfetched as there is no definition of who an “Executive officer of Government” in the APC Constitution, the Interpretation Act and the Constitution of the Federal Republic of Nigeria (as amended) and one can be justified if he or she limits the executive officer in government to mean, the President, Ministers, Governors, Commissioners e.t.c and not mere public officers.

The bottom line is that if Section 17(iv) is interpreted literally, no office holder in the APC would be innocent as it would then mean that all public office holders must resign from their jobs in order to volunteer for the party, I therefore state that this provision is unenforceable and this has been the case in recent times when officials of the APC have been appointed to key positions in the Government but none of them have been made to relinquish their party office, and towing that line in the case of Mrs Kemi Nelson would not result in equity, fairness and justice.

Furthermore, Section 40 of the Constitution of the Federal Republic of Nigeria (as amended), clearly with specific reference to right to peaceful assembly and association states as follows:

“Every person shall be entitled to assemble freely and associate with other persons, and in particular he may form or belong to any political party, trade union or any other association for the protection of his interests…”

This provision is unambiguous and to succinctly put, it grants the right to every citizen of this country to belong and participate in any political party of his or her choice and therefore any law that is states otherwise is inconsistent with the provisions of the constitution and therefore unenforceable.

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Police Probe Four Officers Accused of ‘Misconduct’ in Lagos

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The Nigeria Police Force has launched an investigation into alleged misconduct by officers from the Satellite Town Division, Lagos State, after a viral social media video.

The Force Media Officer, CSP Aliyu Giwa, disclosed this in a statement on Saturday.

The complainant, Rhapstar, posted the video on X on April 4, alleging incivility by officers on surveillance duty.

In the clip, police officers stopped a vehicle, ordered occupants out, and searched one individual away from the roadside-parked vehicle.

The incident triggered widespread reaction, amid concerns over alleged harassment during a roadside stop-and-search operation.

Speaking on the incident on Saturday, Giwa said the Divisional Police Officer and implicated officers were summoned, adding that an investigation into the incident was ongoing.

Giwa wrote on X: “When (Rhapstar) posted the viral video on 4 April 2026, alleging misconduct by officers from the Satellite Town Division, Lagos, we took the matter seriously and acted immediately.

“The DPO and the officers involved were summoned, statements were obtained, and detailed interviews were conducted.

“Preliminary findings indicate the incident occurred in May 2025. We are working to obtain additional details directly from the victims, as their accounts are central to the investigation.

“This process is not a cover-up; it is a demonstration of accountability.

“The leadership of the Force management team has emphasised that the rule of law is non-negotiable in the discharge of police duties nationwide. No officer is above accountability, and no incident is too old to investigate. The investigation is ongoing. We will provide regular updates.

“To every Nigerian who spoke up, your voice prompted accountability, as it should be.”

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Turaki Faction Kicks As Police Unseal PDP Secretariat

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The Tanimu Turaki-led Peoples Democratic Party (PDP) has accused the Nigeria Police Force of acting in contempt of court following the unsealing of its National Secretariat in Abuja, describing the development as a partisan move that undermines the rule of law.

In a statement issued on Saturday, the party’s National Publicity Secretary, Comrade Ini Ememobong, said the police facilitated the takeover of the Wadata Plaza headquarters by individuals he described as “agents of the federal government and APC apologists masquerading as PDP members,” despite a pending appeal on the matter.

The PDP maintained that the judgment by Justice Abdulmalik, which the police purportedly relied upon in unsealing the premises, is already under appeal.

According to the party, the police, being a party to the suit, had been duly served and were fully aware of the appellate process.

It argued that by proceeding to unseal the secretariat, the police had “tampered with the res”, (a legal terminology referring to the subject matter of litigation) thereby risking rendering the eventual judgment of the Court of Appeal nugatory.

“It is most shameful that those entrusted with protecting the law are those disobeying the law,” the statement read.

The party expressed disappointment that the police, under the leadership of the new Inspector General of Police, has continued what it described as a pattern of partisan conduct since the crisis began.

It alleged that officers of the force had consistently acted in support of a faction it labelled as “Wike-backed APC apologists,” thereby deepening internal tensions within the opposition party.

Despite its grievances, the PDP called on its members nationwide to remain calm and law-abiding, urging them to avoid actions that could lead to a breakdown of public order.

“As law-abiding citizens, we admonish our members to continue to maintain peace and not undertake any activity capable of breaching public peace,” the statement added, while pledging to pursue all legal avenues to defend the rights of what it termed “genuine members” of the party.

The party also assured the public that it remained optimistic that the situation would be resolved in favour of democratic principles, warning against what it described as a “state-sponsored persecution and one-party drive.”

Invoking a note of hope, the PDP said the current challenges would ultimately give way to “joy and liberation,” expressing confidence in the restoration of what it called true democratic experience in the country.

The unsealing of the PDP secretariat marks the latest twist in the protracted leadership and legal tussle within the party, which has continued to generate political tension and raise concerns about institutional neutrality in Nigeria’s democratic process.

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Why Tinubu Was Absent at Commissioning of Sanwo-Olu’s Projects in Lagos – Presidency

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The Presidency has come up with reasons behind President Bola Tinubu’s absent at the commissioning of Governor Babajide Sanwo-Olu’s projects in Lagos, on Wednesday.

Tinubu was noticeably absent at the scheduled project commissioning in Lagos, sparking public curiosity.

However, Sunday Dare, his Special Adviser on Public Communications and Orientation, has clarified the reason behind the last-minute development.

Speaking during an interview on Channels Television, Dare revealed that the President had to prioritise urgent national security matters over the event.
According to him, although Tinubu is currently in Lagos, he has been deeply engaged in high-level State duties, particularly ongoing security briefings tied to recent developments across the country.

“The president has been busy taking constant briefs and has to prioritise when it comes to state matters, especially security,” Dare stated.

He referenced rising security concerns, including recent unrest linked to incidents in Jos, noting that the President has been closely monitoring the situation and working directly with intelligence agencies.

Dare emphasised that Tinubu remains fully engaged behind the scenes, actively coordinating with security operatives and receiving continuous updates to address emerging threats.

The absence, he stressed, should not be seen as neglect of official duties but rather a reflection of the President’s focus on safeguarding national stability at a critical time.

Tinubu skipped the Lagos commissioning not out of disregard, but to handle pressing security issues demanding immediate presidential attention.

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