BY BENEDICT NWACHUKWU, ABUJA
More dramas are unfolding from the recent 4 to 3 split decision of the Supreme Court in the Jegede versus Akeredolu case, arising from the Ondo State governorship election, which went in favour of the governor as concerned senior lawyers in the party have urged their colleagues to stop deceiving party members.
Governor Rotimi Akeredolu (SAN) of APC won the Ondo 2020 election but his victory was challenged by the PDP candidate, Eyitayo Jegede.
However, the matter which was concluded last week saw the incumbent retaining his seat having won with a slim 4 to 3 split decision.
The judgment unsettled the ruling party as the party and its candidate nearly lost out on the verdict by the seven presiding Justices that Governor Mai Mala Buni’s position as chairman of the party was in violation of the clause that an official of the party cannot occupy two executive positions.
The concerned lawyers in the party called for the stepping aside of the governor from the chairmanship position for fear of future litigation, while the others encouraged the party to retain him on the strength that the Apex court had cleared the governor that his position did contravene Section 183 of the Constitution of the Federal Republic of Nigeria.
A press release by some concerned lawyers, who are members of the party, made available to The Point reads, “We, concerned lawyers within the APC, have read with consternation and embarrassment the mere personal opinion regarding the judgment of the Supreme Court circulated by the legal adviser to the party as an authentic news item (because he is trying so hard to please his masters and save his job), thereby putting the entire party in danger.
“For the sake of clarity, the Supreme Court did not affirm Buni’s headship of CECPC as lawful. The Supreme Court, rather, refused to pronounce on it definitive until Buni is made a party to a pre-election matter or a civil suit. The Supreme Court did not even clothe him with immunity in this regard. It was silent on it.
“The Supreme Court only reaffirmed the right of APC and any political party to constitute committees like the caretaker committee, to run its affairs on an interim basis. Nobody has ever questioned this right. What is in issue is the legality or constitutionality of Buni, a serving governor, appointed to head such a committee and the full effect of this breach, if considered on the merits.”
The statement further noted that “At page 37 of the lead judgment, this is what the Supreme Court said, so the contention that Governor Mai Mala Buni as Governor of Yobe State has violated Section 183 of the Constitution by holding the office of acting National Chairman of the 2nd respondent is a very serious one with grave consequences for him and do no doubt for the second respondent (the APC) as well.
“That the judicial determination of that issue here would involve the enforcement of the constitution against him and would certainly affect him personally as I have shown above. It would be unfair to him to try that issue in his absence without joining him as a party to the petition.”
The statement further stressed, “So, as it is the APC is still on slippery grounds on this issue. The attention of stakeholders may not have been drawn to these provisions before, but now that they know, should a party like the APC continue on the part of illegality and a violation of its own constitution? We may have escaped narrowly at the Supreme Court, but must we continue on the part of illegality? This is the question all stakeholders must ponder upon.”
