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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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Samsung’s CEO, Han Jong-Hee, Dies at 63

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The co-CEO of Samsung Electronics, Han Jong-Hee, has died of heart attack on Tuesday. He was aged 63.

A spokesperson for the South Korean tech giant confirmed this.

Han, who oversaw Samsung’s consumer electronics and mobile devices businesses became the Chief Executive Officer of South Korea’s biggest company in 2022.

He had joined the tech giant in 1988 after earning a bachelor’s degree in electrical engineering from Inha University. Before he started to run Samsung’s electronics and devices division, he was in charge of the display operations.

In a tribute to the deceased, Samsung said Han dedicated more than 37 years of his life to leading Samsung’s TV business to become a global leader.

The company said, Han as the head of its electronics and appliances businesses, contributed to its growth amid challenging business environment.

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HURIWA Tasks Fagbemi, Onanuga to Prove Fubara’s Alleged Link to Militants

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The Human Rights Writers Association (HURIWA) of Nigeria has criticised the Attorney General of the Federation (AGF), Lateef Fagbemi, and Special Adviser to the President on Information and Strategy, Bayo Onanuga, for alleging that Rivers State Governor, Siminalayi Fubara, is connected to militant activities in the Niger Delta.

The group described the claims as baseless and lacking credible evidence.

In a statement issued on Monday in Abuja, HURIWA’s National Coordinator, Comrade Emmanuel Onwubiko, addressed remarks made by Fagbemi last week, accusing Fubara of “tele-guiding militants” to sabotage oil installations.

Onanuga, in a separate opinion piece, supported the Federal government’s declaration of a state of emergency in Rivers State, citing intelligence reports suggesting militant threats linked to the governor.

“These are serious allegations that can destabilise not only Rivers State but the entire Niger Delta, yet no concrete evidence has been made public to substantiate them,” Onwubiko said, faulting the officials’ reliance on unverified intelligence.

HURIWA highlighted Governor Fubara’s denial of the allegations in an official statement earlier on Monday, where he rejected any ties to militant groups and labeled viral videos alleging explosions on oil and gas facilities in Rivers State as “fake and malicious.”

The group praised Fubara’s call for security agencies to investigate the videos’ origins and prosecute those responsible.
“Governor Fubara’s insistence on peace and constitutional governance has been clear in all his public engagements. It is disheartening to see such character assassination being perpetuated from the highest levels of the federal government,” Onwubiko stated.

The association questioned why federal authorities have not presented tangible evidence if it exists, arguing, “As far as we are concerned, the dissemination of these unproven claims is not just unprofessional but a dangerous precedent in the democratic space.”

HURIWA also challenged Fagbemi and Onanuga to avoid “pettiness and rumour mongering,” urging them to base their statements on facts.

“It is disgraceful that at a time when Nigerians are yearning for stability and good governance, top officials of the federal government are busy engaging in baseless accusations, further tarnishing Nigeria’s image before the international community,” the statement added.

The group further criticized the state of emergency in Rivers State as “unconstitutional, unnecessary, and politically motivated,” asserting that no evidence of war or a breakdown of law and order, as required by Section 305 of the 1999 Constitution, has been shown. “The AGF and other federal agents must be reminded that the Supreme Court judgment, which is now being used to justify executive overreach in Rivers State, does not license rumour-based governance,” HURIWA noted.

HURIWA urged Fubara to pursue legal action against those making the claims, stating, “even if the judiciary is seen by some as compromised, it is essential to set the record straight by taking advantage of available legal avenues.”

The association called on security agencies to launch a transparent forensic investigation into the allegations and incidents in Ogoniland and other parts of Rivers State, insisting it must remain free of political interference. “The dangerous game of labeling peaceful citizens as militants without evidence is not only reckless but risks plunging Rivers State into avoidable chaos. Nigeria’s democracy deserves better,” the group concluded.

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Dangote Cement Achieves Higher CDP Ratings for Climate Change & Water Security

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Dangote Cement Plc (DCP) has achieved a ‘B’ score in climate change and water security disclosures according to the recently released 2024 CDP results.

CDP (formerly Carbon Disclosure Project) is the world’s largest, most comprehensive dataset on environmental action which empowers investors, companies, cities, and national and regional governments to make earth-positive decisions. Dangote Cement has disclosed its environmental practices annually through the CDP since 2018.

CDP provides a voluntary framework for companies to report on Climate, Water Security, and Forests. It rigorously evaluates corporate environmental performance, assigning scores from A to D based on companies’ transparency, governance, and measurable actions towards sustainability.

Following the release of company scores in February, Dangote Cement’s score on water security which was C was upgraded to B. Similarly, the company’s commitment to supporting a climate resilient future was also demonstrated in its climate change score of B in 2024.

Managing Director/Chief Executive, Dangote Cement, Mr. Arvind Pathak speaking on the new rating said, ‘Dangote Cement leads in Africa as one of few businesses in six states and regions of Africa to disclose through CDP.’ He further stated that ‘the 2024 score is an outcome of ongoing efforts to reduce our carbon footprint, accelerate climate action and promote sustainability across our business and its value chain’.

The Head, Sustainability, Dangote Cement, Dr. Igazeuma Okoroba in her remarks expressed gratitude to all stakeholders who aligned with the Group’s Environmental, Social, and Governance (ESG) strategy overseen by the company’s Board which supported the achievement of an improved rating this year. She stated that ‘this year’s results are evidence that our contribution to create a world where people, planet and profit are truly balanced is paying off.’

Affirming the company’s commitment to decarbonisation, Dr Igazeuma stated that ‘Although this year’s score demonstrates our transparency on sustainability, DCP’s goal is to go beyond disclosure and take meaningful action through tangible solutions, innovations, and projects to close the gap between ambition and reality.’

Dangote Cement Plc is sub-Saharan Africa’s largest cement producer with an installed capacity of 45.6Mta across 10 African countries and operates a fully integrated “quarry-to customer” business with activities in manufacturing, sales, and distribution of cement.

The company is on track to meet its decarbonisation targets through energy efficiency measures, adoption of supplementary cement materials, carbon offsets and other sustainable practices.

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