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The Banana Peel Under APC’s Rickety Chair: The Booby Traps That Lie Ahead
Published
5 years agoon
By
Eric
By Chief Mike A.A. Ozekhome SAN, OFR, Ph.D.
INTRODUCTION
The APC has ruled Nigeria for over 6 years. It has failed in all indices of governance. The three core areas on which President Muhammadu Buhari campaigned as its candidate, have been honoured more in breach than in observance. They are economy, security and corruption. Each pigeon hole oozes with the putrefaction of non-performance and abysmal failure.
Nigeria is worse off today under the APC than she was in 2015. Not a few Nigerians pray every day that the Party should be booted out of power with the urgency of yesterday. Some Nigerians have since mounted a calendar, counting how many days more Buhari has to remain in office before vacating same upon effluxion of his mandatory 2 terms tenure of 4 years each. Just 668 days. Only 668 days for Buhari to leave power; many celebrate. They count days. Some count weeks; some others, months. A beleaguered Nigerian wrote to me that he is only counting hours (16, 032 hours). Another added humorously that he prefers to count minutes (961,920 minutes)! Such is the disillusionments and regrets of the APC- Buhari administration.
The realization that Buhari under Nigeria’s constitutional organogram cannot have a third term gladdens many hearts, giving them a ray of hope; some light at the end of Nigeria’s dingy asphyxiating and strangulating tunnel. But, Nigerians do not know how to go about ensuring that another Emperor Buhari does not come back. They fear there would be no free and fair elections in 2023. What with Senate’s unpatriotic and undemocratic rejection of electronic transmission of votes, and the House of Representatives’ double-speak on it! Not few Nigerians believe that the outright rejection of electronic voting is preparatory to APC’s readiness to massively rig the 2023 elections, knowing it has performed below average in service and democratic dividends-delivery. So, Nigerians belly-ache. They gnash teeth.
However, Nigerians may now heave a sigh of relieve. Unwittingly. From the most unexpected source: the Supreme Court. There are many ways to kill a stubborn rat that enters a calabash without breaking the calabash itself. The cheapest opportunity is the current banana peel that sits like an emancipator under the APC’s rickety and crincky chair of nepotism, sectionalism, prebendalism, cronynism, apaque3ness in governance and poverty spread.
THE SUPREME’S JUDGMENT
It is the Wednesday, July 28, 2021, Supreme Court judgment in the Eyitayo Jegede V. Oluwarotimi Akeredolu (Appeal Nos: SC/448/21; SC/501/21; SC/508/21; and SC/509/21. The judgment was a very narrow 4 – 3 split decision in favour of Akeredolu. What a narrow escape! Aketi needs to go to Church for special thanksgiving.
The candidate of the Peoples Democratic Party (PDP) in the Ondo election, Eyitayo Jegede, SAN, and his party, the PDP, had challenged the competence of Akeredolu, SAN’s nomination/sponsorship for the election by the APC, contending that the letter conveying his nomination/sponsorship to the Independent National Electoral Commission (INEC) was incompetent, having been signed by Buni and others. They specifically urged the Court to determine whether Buni as a sitting Governor of Yobe State, could simultaneously double as the National Caretaker Committee Chairman of the APC (NCCC) to sign the nomination of Akeredolu, SAN, for the said governorship election.
They contended that by the provisions of Section 183 of the 1999 Constitution and Article 17 (4) of the APC constitution, Buni had acted unlawfully by being the Yobe Governor and serving as APC’s NCCC Chairman, all at the same time. They contended that because of this vice, the nomination/sponsorship letter Buni signed for the APC, notifying INEC of the candidacy of Akeredolu and Lucky Aiydatiwa (as APC’s Governorship and Deputy Governorship candidates) was void. They then urged the apex court to void the July, 16, 2021 judgment of the Court of Appeal, Akure Division, which had validated Akeredolu’s election.
THE MAJORITY DECISION
In his lead majority split judgment, Justice Emmanuel Akomaye Agim held that, since Jegede and the PDP made Buni the centre of their allegations of constitutional breaches, he ought to have been made a party in the case to enable him defend himself in line with the doctrine of fair hearing.
The Supreme Court proceeded to uphold the earlier judgment of the Court of Appeal, to the effect that the petition filed by Jegede and his party to the election tribunal was incompetent because they failed to join Buni as a party.
Justice Agim held: “The appeal was based on the ground that Mai Mala Buni, the Chairman of the NCCC of the second respondent (APC), was holding office as the Governor of Yobe State, contrary to the provisions of Section 183 of the Constitution of the Federal Republic of Nigeria (1999).
“All the issues raised, revolved around Mala Buni. But, Mala Buni, who is at the centre of the dispute was not made party to the petition. It is obvious that the determination of the said issues will affect him.
“Therefore, the court below was right to have held that he was a necessary party to this suit. Failure to join him renders the determination of the matter impossible. To proceed to do so would have violated the fair trial of the case.
“Therefore, we affirm the lower court’s decision that the petitioner was incompetent.
“There is no dispute that the third and fourth respondents (Akeredolu and Aiyedatiwa) were nominated by the second respondent (APC) as its candidates for the election; that the second respondent submitted their names to the first respondent (INEC) as its candidates, in accordance with Section 31(1) of the Electoral Act.
“They were therefore sponsored by the second in accordance with Section 177(c) of the Constitution (1999). It is not in dispute that Mai Mala Buni is acting as the National Chairman of the second respondent,” he said.
Justice Agim therefore held that the decision to allow Buni act as its National Committee Chairman (in the interim) was made by the APC, despite the provisions of Article 17 (4 of its Constitution, thereby making the decision internal to the party.
He added: “The second respondent (APC) allowed him (Buni) to be its Chairman in the interim inspite of Article 17 of its constitution.
The vires of this decision of the party is non-justiciable. This appeal fails and it is hereby dismissed,” he held.
THE MINORITY DECISION
The minority judgment differed in all material particular from this majority opinion.
In the lead minority judgment, Justice Mary Peter-Odili (who also presided on the panel) upheld Jegede’s appeal and dismissed the cross-appeals by INEC), APC, Akeredolu and Aiyedatiwa; just as the same majority Justices had also done.
Justice Odili was of the firm view that since the APC, for which Buni acted, was already a party in the case, there was no need to include him as a party.
She added that having allowed Buni to act on its behalf in signing the nomination/sponsorship letter of its candidates in Ondo despite the clear provisions of section 183 of the 1999 Constitution and Article 17(4) of the APC Constitution, the party should live by the consequences of its lawlessness.
“I do not agree with the majority judgment,” she dilated emphatically, noting that the APC, by Article 17(4) of its Constitution has provided for how its affairs should be managed and what offices its members should occupy at a time.
“This Article draws strength from Section 183 of the 1999 Constitution. Therefore when the second respondent (APC) put up a person not qualified to author its nomination by virtue of the provision of Article 17(4) of its Constitution and Section 183 of the 1999 Constitution to do so, that document has no validity, and thereby void,” she said.
She noted that the implication was that the nomination and candidacy of Akeredolu and his Deputy was a complete nullity and that the person, who ought to be declared winner of the election” is the first appellant (Jegede), who has the majority of valid votes.”
Justice Peter-Odili further held that it was unlawful and amounted to a violation of Article 17(4) of the APC Constitution and section 183 of the 1999 Constitution for Buni to be serving as the National Chairman of the APC and the Governor of Yobe State at the same time.
Justices Ejembi Eko and Mohammed Saulawa concurred with Justice Peter-Odili in upholding the appeal and dismissing the cross-appeals filed by INEC, APC, Akeredolu and Aiyedatiwa.
LEGAL ANALYSIS
THE LAW
Section 183 of the 1999 Constitution provides as follows:
‘‘The Governor shall not, during the period when he holds office, hold any other executive office or paid employment in any capacity whatsoever’’.
If there was any doubt as to the dangerous implications of this section in Buni acting as the APC National Caretaker Committee Chairman, section 17 (iv) of the APC Constitution is quite clear and unambiguous on this. It provides that “No official of the party shall at the same time hold any Government position in any Government institution”.
Thus, while the 1999 Constitution views Buni’s appointment from the position of Governor (Executive) to the party, the APC Constitution takes the reverse view of Buni’s appointment from the APC to the Governor (Executive). So, head or tail, position APC is in trouble.
CANONS OF STATUTORY INTERPRETATION
Canons of statutory interpretation are clear to the effect that when a statute is enacted in clear words, such words should be given their natural, usual and ordinary meaning in their interpretation. This shows the intent of the Legislature. See Ikpaezu V. Ogah & Ors (2016) LPELR-40845 (CA); Ofodile & Anor V. Aliozo & Ors (2021) LPELR-54159 (CA); Gana V. SDP & Ors (2019) LPELR-47153 (SC); Skye Bank V. Iwu (2017) LPELR-42595 (SC).
The Supreme Court majority judgment did not disagree with the fact that Mai Mala Buni as Governor of Yobe State was not competent to function as National Chairman of a political party (APC) and nominate a candidate for election through the INEC. Its view (and this must be respected) is based mostly on the rather technical stance (also earlier adopted by the Court of Appeal), that the non-joinder of Buni as a party in the suit was fatal to the PDP and Jegede’s appeal. Was it really? How, when the APC, which sponsored Buni, and for whom Buni at all material times acted as an agent was already a party to the suit? I do not and cannot understand this. Or, do you? The law is trite that you do not need to go after an agent (Buni) where there is a disclosed principal (APC). Such a disclosed principal is solely liable for its agent’s authorized actions, as the agent is not personally liable. See Okafor V. Ezenwa (2002) 13 NWLR (Pt. 784) 319; Osigwe V. PSPLS Management Consortium Ltd (2009) 3 NWLR (Pt 1128) 378.
EXTRAPOLATIONS FROM THE SUPREME COURT’S JUDGMENT
The simple conclusion is that if Buni had been joined as a party in the suit, the story would have been different, as the APC would have lost Ondo State to the PDP. Pronto! It is that simple. Indeed, it is rare to see such a close shave of 4-3 split judgment by the Supreme Court. Minority decisions are usually more rigorous and better researched as they seek to swim against the tide of the majority opinion that may be tyrannical.
The Supreme Court’s judgment has simply furiously (perhaps, inadvertently), weaponised all those that would be aggrieved by the APC’s forthcoming Congresses and other elections. They only need to go to court to challenge the competence of the Buni-led NCCC to organise the forthcoming Congresses and National Convention. Thus from bottom to top, the APC’s amorphous structures made up of disparate tendencies have been irretrievably damaged, nay, destroyed. All Congresses, meetings, conventions and elections that henceforth have the imprimatur of Governor Mai Mala Buni are subject to being quashed by the court at the instance of any aggrieved party member. Indeed, all actions so far taken by the Buni-led NCCC in that capacity can be quashed by any aggrieved member of the APC. Such a member has locus standi if he can show his membership card. Here comes the banana peel! APC will slip. And the fall will be thunderous. And Nigerians will applaud. God, how mighty thou Art!
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Memoir: My Incredible 10 Years Sojourn at Ovation by Eric Elezuo
Published
15 hours agoon
February 1, 2026By
Eric
By Eric Elezuo
It seems like yesterday, but like a joke well cracked, a whole 10 years have come and gone since I ventured into the new lease of life called Ovation Media Group. The experience has been a pot pourri of incredibilty, sensation, hits, near hits and a mixed fortune of the good, bad and ugly. Of course, what does one expect?
The Ovation brand has been not only big, but larger than life. To us out there savoring their sensational releases in terms of publications, it was much more than a media organisation, but something in the neighborhood of myth tingled with legendary. In my little circle, people talked about Ovation Magazine as a garden of Eden that can only be imagined with utmost reverence, but can never be reached or accessed.

Sometimes, you hear people talk about an event, and the next thing you hear is ‘even Ovation covered it’. That alone is a proof that there was nothing ordinary about the occasion. It was only meant for ‘gods’ in human form; the be all and end alls of world politics, entertainment and enterprise. Ovation was just big, so big among Africans that describing it will completely leave gaping and lost for words.

If the brand was this huge, you can imagine what the mention of the brain behind it, Dele Momodu, conjure to the mind, of both the speaker and the listener. He was the big masquerade that can only be felt, heard and never seen except for the members of the inner caucus. At a stage, I vowed to be a member of this inner caucus. I didn’t know how it would happen, but I decided something; that when I would get married, Ovation would be there to cover it, the cost notwithstanding. I knew I would’ve been rich enough to afford their services, and so come face to face with the big masquerade, Dele Momodu himself. Well, I’m still not ‘rich enough’, but I have not only come face to face with the big masquerade, but has risen to become the Editor of the most sought-after celebrity journal in Africa, and all its appendages or titles including The Boss Newspaper and Ovation Television.
The day was Wednesday, January 20, 2016, when I first sat face to face with Chief Momodu, who over the years has steadily and graciously transformed into Aare, Dr among many impressive titles, in the company’s new office at Opebi, Ikeja. It was my interview to be absorbed as a Correspondent into the organisation. The opportunity dropped on my lap, made possible by my good friend and ex-classmate at the University of Lagos, Mr. Mike Effiong, who was the substantive and hardworking editor then.

My desire to work with Ovation transformed into hunger when I discovered that Mike, as I use to call him at UNILAG, or Editor, as I called when with I joined the organisation, was the second-in-command. I told myself, and to wife that if only I could reach out to Mike, it would be easy to know availability in the organisation. We were very at close though he was already very career minded then, supping and dining with those that matter in the industry at that level. The last I saw him before his Ovation rise was when he was at Encomium Magazine. We lost contact afterwards. It was the days of no GSM. They were moving with pagers. I had no such privilege. I can’t remember exactly how his number dropped on my lap one day many years after. I called and got to him. We reconnected, and reminisced. I was a school teacher then. I seized the opportunity to explain that I still wished to practice journalism. We have had the discussion earlier shortly after graduation. He invited me to his office – then at Excellence Hotel, Ogba. We met in the ‘luxurious’ lobby of the hotel the day I came. There was no place for me then as he told me. Though I was disappointed, I doubted if I was ready for the kind of job description I noticed that day. Mike seasoned my coming by patronizing my book. Yes, I was marketing my first book then, ‘The Dedication Tragedy’, and was fresh from Master’s degree class after getting my Masters in International Law and Diplomacy (MILD) from the University of Lagos.

We lost contact again. It was not until 2015 he returned my call, after several, and talked about a certain ‘The Boss’, which is the newest brainchild of the organisation. I was ready to move to anything, that can help me offset my highly accumulating bills. I was working with National Mirror, where I was owed months of salary. The funniest part was that I moved from Newswatch, where I was owed years of salary to National Mirror. Incidentally, both organizations were owned by one person. That’s a story for another day.

So on that fateful January 20th of 2016 after several failed appointments owing to Chief Momodu being out of the country, we finally met. The interview was sharp but detailed. It was beyond paper qualifications. It was a case of wits, reposition of knowledge and ability to navigate through the world of news gathering and dissemination, and not forgetting ability to withstand and travel at short notice. I did not only nod in the affirmative to all, but proved my hunger in words and action to take up the challenge. I was found worthy, and asked to assume duties. I requested for the rest of the month to sort myself out. There was nothing to sort out. I just needed time to calm my head, nd douse the euphoria so as not to make a mistake on the first day.
So on Monday, February 1, 2016, I appeared completely suited with tie to begin a new trend in professionalism. The suit was just appropriate for a worker, who has not been paid for ages, if you get what I mean. I was slammed with the title of Correspondent, but given a job description that equalled editor, reporter and supervisor combined. I wrote, edited, proofread, set page, go on field assignment, publish and share. It was a handful, but I was happy to have a job, and the job I wanted. So I adapted with equanimity. In fact, my publisher was a no-nonsence person. Mistakes were not permitted. Missing deadlines were taboos. Tough as it was, it toughened me. Today, I’ve graduated from being a better journalist to whatever you can think of.

Shortly after assuming office, I got the privilege to interview and engage staff, mostly interns to work directly under me. My first staff was Temitope Ogunleye, a young corper from Kogi State University. She is still with me today, having grown in leaps and bounds. Others followed including Morakinyo Ajibade from Nigerian Institute of Journalism, David Adeyemi, Isaac and Annabelle from Babcock University. Ajibade is also still with me today. His level of growth is tremendous. There were many others, and they are all helpful to my career success. There was also Joguomi, Victoria, Christiana and many others. I did my best to support their mentoring, and they are performing brilliantly in their various worlds.
This is not forgetting the men with the camera I met on ground and those that joined afterwards; Koya, Ken, Iroko, Funmi, Solomon, Abraham, Femi, Ben, Tunde, Dala Taiwo and a host of others. We did many things together including our botched Christmas party. That happens to be the biggest blow any staff has suffered. Today, it’s worth looking back at, and laughing loudly at.

It has not all been rosy though; twice I have been sacked for operational deficiency (not incompetence), and twice I have been restored for obvious reasons. And today, God is still helping us.
In 2020, I was upgraded to the post of Assistant Editor of The Boss Newspaper, and in late 2021, I was elevated to the position of Editor, The Boss Newspaper.
In November 2023, precisely on the sixth, I was privileged to be considered and appointed as the Editor of the Ovation brands or Ovation Media Group. The editor of Ovation is a title for the General Administrative and Editorial Head of the Group, answerable to only the Publisher and Board of Directors.
My appointment was sequel to the elevation in politics of my immediate boss, Mike Effiong, who was appointed as Senior Special Adviser to the Governor of Akwa Ibom State.
It’s not yet uhuru though. I’m still learning and taking instructions from superiors in the industry and elsewhere. I must add that humility and acceptance of everyone I’ve met in the line of duty, has helped in no small measure to fasttrack my growth. Yes, I can beat my chest and say that I have delivered, and still delivering.
Yes again, I’ve not been able to traverse the globe as regards traveling or amass wealth, but my experience can dictate for any world leader. It is worth noting that waking up to work for Ovation every day (morning, afternoon, evening, night and midnight including wee hours), and this is not an exaggeration, but bare facts, has taught me life, in both the hard and acceptable ways.
To my boss of inestimable value, Chief Dele Momodu, my appreciation is limitless; my friend of many years, Mike Effiong and past and present staff of the brand, thank you for the opportunity. I don’t know where the next 10 years will meet us, but I know for sure it would be in a good place, and much bigger than we are today.
Cheers to February One!
Eric Elezuo is the editor, Ovation Media Group, and writes from Lagos
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CAN Tackles Shariah Council Over Call to Remove INEC Chair Amupitan
Published
3 days agoon
January 30, 2026By
Eric
The Christian Association of Nigeria (CAN) in the 19 Northern states and the Federal Capital Territory (FCT) has rejected the call by the Supreme Council for Shari’ah in Nigeria (SCSN) seeking the removal of the Chairman of the Independent National Electoral Commission (INEC), Professor Joash Amupitan.
The Shari’ah Council, earlier this week, demanded the immediate removal and prosecution of Amupitan, as members of the Council questioned his integrity over a legal brief in which he reportedly acknowledged claims of persecution constituting genocide of Christians in Nigeria.
Reacting to the development in a statement on Thursday, the Chairman of Northern CAN, Reverend Joseph John Hayab, and the Secretary General of Northern CAN, Bishop Mohammed Naga, questioned the motive behind the demand, asking who was sponsoring the call and why such interests are hiding behind the platform of a religious body.
Describing the call as a dangerous attempt to politicise religion and undermine a critical national institution, Hayab stressed that Professor Amupitan has a constitutional right to freedom of religion, adding that expressing concern over challenges faced by his religion does not amount to bias or disqualification from public service.
He also pointed out that many Muslims who had served in key government positions in the past had troubling religious antecedents, yet were not subjected to similar scrutiny, urging national actors to prioritise competence and national interest over sectarian sentiment.
Hayab, who warned that the controversy further reinforces concerns about persistent religious discrimination against Christians in Nigeria, particularly in appointments to sensitive national offices, recalled that the two immediate past INEC chairmen were Muslims from Northern Nigeria, and warned against narratives suggesting that only adherents of a particular religion are qualified to lead the electoral body.
“Anyone hiding under the guise of the Shari’ah Council to demand the removal of the INEC chairman over political or sectarian interests should come out boldly. Otherwise, the ploy has died naturally, he said.
“”Are they saying that no other religion should serve as INEC chairman except Muslims? The most important question Nigerians should ask is whether Professor Amupitan is competent or not.
That should be the focus, not his faith,” the statement added.
The association commended President Bola Ahmed Tinubu for what it described as a deliberate effort to promote national unity by appointing a Christian as INEC Chairman, despite being a Muslim.
It noted that the decision reflected statesmanship and inclusivity, similar to precedents set under the previous administration of President Goodluck Jonathan, who kept a northern Muslim as INEC Chairman against all odds.
The Christian leaders advise the Shari’ah Council to publicly identify any individual or group behind the campaign against the INEC chairman, insisting that religious platforms must not be used as “cheap cover” to pursue political interests or intimidate public officials.They, however, called on the INEC chairman not to be distracted by the controversy, urging him to remain focused on his constitutional responsibility of conducting free, fair and credible elections.
“He should concentrate on doing the right thing for Nigerians and not behave like others who openly manipulated elections in the past and now seek to remain relevant through religious blackmail,” the statement said.
Northern CAN also raised concerns about what it described as emerging signals of a coordinated political agenda ahead of the 2027 general election, citing recent comments by the Minister of Culture, Tourism and Creative Economy, Hannatu Musawa, who warned that the All Progressives Congress (APC) risks electoral defeat if it drops a Northern Muslim-Muslim ticket from President Bola Tinubu’s re-election ticket.
According to the association, such statements, when viewed alongside the sustained attacks on a Christian INEC chairman, raise legitimate questions about whether there is a deliberate effort to undermine Christian participation and confidence in the country’s political process.
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Sit-at-Home: Soludo Threatens Anambra Traders with Forfeiture of Shops
Published
4 days agoon
January 29, 2026By
Eric
Anambra State governor, Prof. Chukwuma Soludo, has escalated the enforcement of his earlier directive to traders at Onitsha Main Market, warning that shops of defiant traders will be forcibly closed if they continue ignoring government orders to open for business on Mondays.
The development follows Soludo’s initial announcement on Monday, when he ordered a one-week closure of the market over traders’ persistent defiance of the state’s anti-Monday sit-at-home directive.
Addressing the situation during an on-the-spot inspection of the market this afternoon, the governor said past efforts to persuade traders had failed, and the government is now moving to a more assertive approach.
“If you deny 20% of workdays in a year, you are undermining our prosperity, job creation, and the economy. In 2022 and 2023, we fought it. In 2024 and 2025, we pleaded. But in 2026, we are shifting to gear 4, no backing down. Anyone who closes their shop, we will help them close it for one week. From next week, if they refuse to open by Monday, I will shut down the market and take over some of them,” Soludo declared.
He described traders’ repeated Monday closures as deliberate economic sabotage, stressing that the closure ordered on Monday was a protective measure for law-abiding citizens.
Security personnel, including the police, army, and other agencies, have been deployed to enforce the closure and maintain order. Soludo warned that non-compliant traders after the one-week shutdown risk a longer closure of up to one month.
The measure is part of the state government’s ongoing effort to end Monday sit-at-home practices, which have continuously disrupted economic activities across the South-East.
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