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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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Ex-Oyo Governor, Victor Olunloyo, Dies at 90

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A former governor of Oyo State, Dr. Victor Olunloyo, is dead.

According to a statement by his family on Sunday, he died a few days before his 90th birthday.

The statement titled ‘Victor Olunloyo goes home’ was signed by Oladapo Ogunwusi on behalf of the family.

It read, “With a heavy heart but gratitude to the Almighty, we announce the passing into glory of Dr. Victor Omololu Olunloyo, former governor of Oyo State, mathematician and engineer and renowned technocrat, a few days before his 90th birthday.

“The Balogun of Oyo and Otun Bobasewa of Ife, Dr. Olunloyo was first Rector, Ibadan polytechnic and first Rector, Kwara State Polytechnic among other notable appointments.

“His long record of service to the nation and humanity is a source of pride to his family and associates even as we come to grip with this devastating event.

“The Olunloyo family will appreciate the understanding of the press and the public as they commence efforts to give him a befitting burial.

“Even from everlasting to everlasting, He is God.”

About a year ago in April 2024, the rumour of the death of the elder statesman was reported by some news platforms.

But speaking with The PUNCH correspondent who visited his Molete residence in Ibadan, the state capital, he debunked the rumour, saying he was hale and hearty.

“I’m still here, not yet gone,” he declared then.

He also expressed worry over the rumour and asked who would live forever, stressing, “Those breaking death news and the person presumed dead will all die one day.

“I’ve been lucky. My father died at 42, while my mother died at 102. I’m 89. I’ve crossed the expected life age.”

The elder statesman also illustrated how the rumour of his death hit several news platforms on June 7, 2022.

He noted that the rumour mongers claimed that he died at the University College Hospital, Ibadan.

A few days later, the family issued a statement, declaring that he was not dead but suffering from old age ailment and asked Nigerians to pray for him to survive the health complications.

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Umahi Apologises to Tinubu, Lagosians, Denies Knowledge of Bridge Closure

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The Minister of Works, Senator Dave Umahi on Thursday, said the closure of Independence Bridge in Lagos for urgent rehabilitation of the collapsed retaining wall was made without his knowledge or authorization.

Umahi said this while apologising to Lagos residents and President Bola Tinubu for the disruption caused by the sudden closure of the bridge on Wednesday.

Umahi who spoke when he toured the bridge in Lagos said: ” Unfortunately, when the bridge was to be closed, I was not informed. It is very unfortunate because for a bridge to be closed, especially in Lagos, as has been the tradition, I should be informed as the minister.

“We should also have studied the implication of it even in an emergency situation. We would have deployed emergency evaluation of the implication of closing the bridge.”

Umahi warned that controllers of works and engineers would face disciplinary action if such an incident would happen again.

“I use the opportunity to warn all controllers and engineers all over the country. Never you close a road or close any bridge without running through the permanent secretary, who will seek for permission from the honourable minister of works,” he said.

The minister acknowledged the efforts of Lagos State Government in managing traffic flow during the closure.

He also took responsibility for the error, saying: “I take responsibility for it, even though I did not order it, but every action by any staff of the ministry of works, I take responsibility for it.”

Umahi said that the closure, which caused significant traffic congestion, was avoidable.

He said: “If we were to do this properly, there would have been a different kind of method deployed and it wouldn’t have necessitated the total closure.”

According to him, even if closure was necessary, it would have been done in a way that it would take three days: Friday, Saturday, Sunday, and necessary remedial work would have been put in place.

“What we are doing now is to restore the bridge temporarily within the next three days. By Sunday, this place will be totally open.”

He added that a permanent solution would be implemented after a two-week assessment.

“Then, after two weeks, we will look at the settlements, and then we will take out three days to put the permanent structure. That is what we are going to do,” he said.

The minister emphasised the competence of the contractor handling the project, Build Well.

“Build Well is a reputable company, and they have been restoring a lot of failures on our bridges in Lagos, some of them 53 years old.

“Some bridges’ spans have been lifted, especially Eko Bridge, Marina Bridge, and even the Lagos-Ibadan Bridge. They are also intervening in all of them,” he added.

The minister also said that the design of the bridge would be varied to address the emergency situation.

He said: ” The design will be varied according to the emergency situation we have on ground, and the contractor is going to cooperate with us.”

He pledged to personally oversee the restoration efforts, saying, “I am not going until the bridge is fully restored by Sunday, we will work day and night to restore it, and then we will evaluate it.”

The bridge was initially closed on April 1 for essential maintenance and rehabilitation works, with the government planning to complete the repairs by May.

NAN

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Communal Clashes: Adeleke Threatens Royal Fathers with Dethronement

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Osun State Governor, Senator Ademola Adeleke, has threatened stern state action against traditional rulers of Ifon, Erin Osun and Ilobu communities if they fail to sustain current peace, and de-escalate the crisis in their communities.

The Governor issued the warning against the backdrop of online reports that some faceless groups across the conflict areas are planning another round of attacks.

“In the midst of sallah celebrations, I got reports of some people planning another round of conflict around Ifon, Ilobu and Erin Osun towns. The security agencies have tightened surveillance to ensure no attacks take place.

“The security agencies are also speeding up the interrogation of key chieftains and actors in the conflict. I will remind top leaders of the towns that the peace undertaking they are signing are not for joke. They will be held accountable. There will be accountability before the law.

“The curfew we relaxed was on humanitarian grounds. As a compassionate government, we know many innocent people are suffering because of the evil agenda of a few elements across the conflict areas. Any attempt to exploit the adjustment of the curfew for renewed violence will be met with full re-imposition of the 24-hour curfew.

“Additionally, I will remove from office, any traditional ruler where violence recurs. This card is on the table. Royal fathers of each town must call their subjects to order. I will wield the big stick. Enough is enough”, the Governor was quoted as saying in the statement.

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