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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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Dominican University Hails Peter Obi on 65th Birthday

Published

2 days ago

July 20, 2026

Eric

The Dominican University, Ibadan, has paid glowing tribute to its Pro-Chancellor and former Governor of Anambra State, Mr. Peter Obi, on his 65th birthday, describing him as a visionary leader whose commitment to education, youth development and national progress continues to inspire generations of Nigerians.

In a goodwill message issued on Sunday, the Vice-Chancellor of the university, Prof. Jacinta Opara, lauded Obi’s enduring passion for quality education, noting that his consistent investments in human capital and advocacy for educational excellence have strengthened institutions and offered hope to young people across the country.

According to Opara, Obi has, through his public service and private engagements, remained a steadfast champion of education, making it a cornerstone of his vision for national development.

She said his words, actions and unwavering support for learning had reinforced the conviction that education remains the most effective instrument for building a prosperous, inclusive and sustainable society.

The university also expressed appreciation for Obi’s contributions to the institution as Pro-Chancellor, describing his leadership, generosity and guidance as instrumental to its growth and development.

The statement noted that under his stewardship, Dominican University has continued to pursue academic excellence while remaining committed to its mission of producing morally upright and globally competitive graduates.

It read in part: “As a university founded a decade ago on the rich 800-year educational heritage of the Order of Preachers (Dominicans), we remain profoundly grateful for your visionary leadership, generous support and invaluable contributions as our Pro-Chancellor.”

The institution joined family members, associates and well-wishers in celebrating Obi’s milestone, praying for continued good health, wisdom, strength and divine guidance as he continues to advocate good governance, human dignity, hope and national development.

The message, signed by the Vice-Chancellor, reaffirmed the university’s pride in its association with Obi, whose dedication to education, integrity and selfless service, it said, continues to leave a lasting impact on the nation and inspire future generations.

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Ooni of Ife Loses Elder Brother Prince Adetunji

Published

2 days ago

July 20, 2026

Eric

The Ooni of Ife, Oba Adeyeye Ogunwusi, Ojaja II, has announced the passing of his immediate elder brother, Prince Adetunji Ogunwusi.

The monarch made the announcement in a statement released on Sunday through the Director of Media and Public Affairs at the Ooni’s Palace, Sodiq Lawal.

Describing the late prince as a respected businessman and compassionate leader, the Ooni said Prince Adetunji lived a life dedicated to service, humility and the wellbeing of others.

According to the statement, the death of Prince Adetunji has left a deep void in the Ogunwusi family, the Ojaja Royal Dynasty and the entire Ile-Ife Kingdom.

Prince Adetunji, who was born on December 8, 1967, was a member of the Ojaja lineage of the Giesi Ruling House in Ile-Ife. He was also the Group Chairman of Primewaterview Holdings, where he earned recognition for his contributions to business development and entrepreneurship.

The Ooni noted that his late brother built a reputation as an innovative entrepreneur and visionary leader. Through his business activities, he created opportunities for many people and contributed to economic growth in different sectors.

The monarch further stated that beyond his achievements in business, Prince Adetunji was known for his generosity, kindness and commitment to humanitarian causes. He was said to have quietly supported many individuals and families, offering assistance, guidance and encouragement whenever needed.

The statement added that Prince Adetunji’s influence extended beyond the corporate world, as he remained deeply connected to his roots and maintained a strong interest in the progress and development of Ile-Ife and its people.

The Ooni described his late brother as a dependable adviser, a loving family member and a man whose legacy would continue to inspire future generations.

Family members, friends, associates and well wishers have continued to pay tribute to the late prince, remembering him for his humility, wisdom and positive impact on society.

The palace said further details regarding funeral arrangements and other ceremonies would be announced by the family in due course.

Prince Adetunji’s death marks a significant loss to the royal family and the people of Ile-Ife, who will remember him for his service, leadership and dedication to humanity.

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Harakati Za Holds Pan-African Conference on Economic Restructuring, Political Reforms, Regional Integration in Accra

Published

2 days ago

July 19, 2026

Eric

More than 200 delegates from across Africa are expected to converge in Accra on July 24, 2026, for an international conference on “Economic Restructuring, Political Reforms and Integration for Sustainable Development in Africa.”

The conference, organised by Harakati Za Muungano, will take place at the GNAT Hall and will bring together policymakers, academics, business leaders, traditional authorities, civil society organisations, youth leaders and development partners to explore practical solutions for accelerating Africa’s development through deeper regional integration.

Harakati Za Muungano, a Swahili phrase meaning “Union Movement,” is a pan-African movement committed to promoting African unity, economic transformation and governance reforms that support sustainable development.

The organisation believes that Africa’s vast human and natural resources can only be fully harnessed through stronger regional cooperation, enhanced intra-African trade and governance systems that place the continent’s long-term development at the centre of public policy.

Since its establishment in November 2023, the movement has expanded its operations to 17 African countries, engaging governments, regional institutions, traditional leaders, professionals, youth groups and community organisations.

Its work focuses on policy advocacy, research, civic engagement and humanitarian initiatives aimed at fostering inclusive development, strengthening regional cooperation and encouraging reforms that improve the quality of life of Africans.

The conference will provide a platform for participants to deliberate on critical issues affecting the continent, including constitutional reforms, economic restructuring, regional market integration, industrialisation, governance continuity and sustainable financing models for development.

Organisers expect the discussions to produce practical recommendations that can inform policy decisions at both national and regional levels.

A major focus of the conference will be the movement’s vision of a more integrated Sub-Saharan Africa where barriers to trade and movement are reduced, economic collaboration is strengthened and governments adopt policies that encourage long-term planning, investment and shared prosperity.

The organisation believes that greater integration will unlock new opportunities for businesses, create jobs, promote industrial growth and enhance Africa’s global competitiveness.

Organisers say the conference represents an important opportunity for African leaders and stakeholders to collectively examine bold and innovative approaches to the continent’s future.

With over 200 delegates expected from across the continent, the event is anticipated to foster meaningful dialogue, strengthen partnerships and advance a shared vision of an economically resilient, politically stable and fully integrated Africa.

-Overseeronline.com