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

Published

8 years ago

July 6, 2018

Eric

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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Tinubu Nominates Oyedele As Minister of State for Finance, Moves Anite-Uzoka to Budget Ministry

Published

5 hours ago

March 3, 2026

Eric

A statement signed by the Special Adviser to the President on Information and Strategy Bayo Onanuga, has announced that “President Bola Tinubu has nominated Taiwo Oyedele as the minister of state for finance, replacing Doris Anite-Uzoka.

“Mrs Anite-Uzoka will now move to the Ministry of Budget and National Planning, as the Minister of State, her third portfolio in the administration.

“President Tinubu has today conveyed the nomination of Mr Oyedele to the Senate for confirmation in a letter to the Senate President, Godswill Akpabio.

“Until President Tinubu nominated him as a minister, Mr Oyedele from Ikaram, Akoko, Ondo State, was the chairman of the Presidential Committee on Fiscal Policy and Tax Reforms, which overhauled Nigeria’s tax system.

“Mr Oyedele, 50, is an economist, accountant and public policy expert.

“He attended Yaba College of Technology, where he obtained a Higher National Diploma (HND) in accountancy and finance. He attended Oxford Brookes University and earned a BSc in applied accounting.

“He also completed executive education programmes at the London School of Economics, Yale University, the Gordon Institute of Business Science, and the Harvard Kennedy School.

“Mr Oyedele spent 22 years of his working career at PwC, joining in 2001 and rising to become the Fiscal Policy Partner and Africa Tax Leader.

“Mr Oyedele is also a professor at Babcock University in Ogun State and a visiting scholar at the Lagos Business School.”

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Defection: Atiku’s Son, Adamu, Resigns As Adamawa Commissioner

Published

10 hours ago

March 3, 2026

Eric

Adamu Abubakar, the first son of former Vice-President Atiku Abubakar, has resigned as Adamawa State’s commissioner for works and energy development, days after Governor Ahmadu Fintiri defected from the Peoples Democratic Party to the All Progressives Congress.

Abubakar’s resignation letter, dated 2 March 2026, was addressed to the governor through the Secretary to the State Government. He gave no reason for his departure.

The timing is pointed. Fintiri announced his defection to the APC in a statewide broadcast last Friday, saying his cabinet and the PDP’s state structure had moved with him. Within 24 hours, 22 commissioners and special advisers publicly announced they were following suit. Abubakar, whose father remains one of the PDP’s most prominent national figures, was not among them.

In a statement issued Monday night, Abubakar’s media aide Abdulaziz Jauro said the former commissioner thanked the governor for the opportunity to serve and pledged continued loyalty to the administration’s developmental agenda. He also expressed gratitude to his father “for granting him the moral support and blessing to serve the people of Adamawa State” — a line that, read in context, suggests Atiku was consulted on the decision.

Abubakar said his resignation was not a withdrawal from public life. “This does not mark the end of his commitment to public service,” the statement read, “but rather the beginning of new avenues for developmental collaboration.”

The resignation leaves unresolved the question of whether it reflects a political break with the governor over his defection or a personal decision unconnected to the broader party realignment now reshaping Adamawa’s political landscape.

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DSS Nabs Man over Assassination Attempt on Peter Obi

Published

12 hours ago

March 3, 2026

Eric

Nigeria’s Department of State Services (DSS) has detained a man in connection with the recent attack and alleged assassination threats targeting Labour Party’s 2023 presidential candidate, Peter Obi.

According to AIT, the shooting incident took place on February 24, 2026, in Benin City, Edo State, during a political gathering attended by Obi and several figures from the African Democratic Congress (ADC). The meeting was hosted by former APC National Chairman, John Oyegun. Gunmen reportedly opened fire at the venue, causing panic and forcing attendees to disperse for safety.

According to security sources, shortly after the attack, an individual identified as Udeme Monday Stephen allegedly took to social media claiming responsibility and issuing additional threats against Obi, warning of further violence.

Intelligence officials reportedly initiated swift investigations, employing digital tracing and forensic tools that led to the arrest of the 26-year-old suspect in Rivers State. He is said to be a teacher at a private secondary school in the Eliozu area of Obio-Akpor Local Government Area.

The suspect remains in DSS custody and is expected to face prosecution. The agency reiterated its commitment to responding to credible threats and safeguarding lives and national interests without bias.