Ondo: Implications of Supreme Court ruling for APC in Anambra, Zamfafa states

[By VICTOR NZE]

Wednesday’s Supreme Court affirmation of Rotimi Akeredolu as governor of Ondo State in a suit brought before it by a candidate of the Peoples Democratic Party (PDP) in the October 2020 elections, Mr Eyitayo Jegede, may have been a long-drawn battle eventually won by the All Progressives Congress (APC), however, events unfolding could well mean a looming war for the ruling party in Zamfara and Anambra states, especially.

Akeredolu won the Ondo governorship election held in October, last year in 15 of the state’s 18 local government areas, based on the results announced by the Independent National Electoral Commission (INEC), while his main opponent, Jegede of the PDP claimed the remaining three councils.

A total of 17 candidates took part in the election.

The Supreme Court had in a 4 to 3 split decision dismissed the appeal filed by the PDP and its candidate Jegede against the election of Governor Akeredolu.

The majority had ruled that though Chairman, Caretaker/Extra-Ordinary Ordinary National Convention Planning Committee of the All Progressives Congress and Yobe State Governor Mai Mala Buni of Yobe State, is the acting chairman of the party in clear breach of section 183 of the constitution, the plaintiff had failed to list him as a respondent in the suit.

Jegede and PDP’s appeal was based on the ground that Mai Mala Buni was holding position as the acting chairman of APC while a governor, but had not made him party to the suit.

The majority judgment held Buni who was alleged to have breached the constitution ought to have been made a party in the petition to answer to the allegations.

However, the minority ruling which was adopted by Justice Ibrahim Saulawa had Justice Mary Odili holding that the APC submitted the name of Rotimi Akeredolu to INEC through its nomination form signed Buni who is a sitting governor.

She held that as a governor the constitution barred Buni from acting in dual capacities as a governor and party executive.

Aligning himself with the dissenting Judgment Justice Ejembi Ekwo also held the position of the majority judgment that governor Buni was not added as a part is not attainable because when you have the principle you need not add the agent.

In Anambra and Zamafara chapters of the APC, actions directly taken by the now embattled Chairman, Caretaker/Extra-Ordinary Ordinary National Convention Planning Committee (CECPC) of the All Progressives Congress and Yobe State Governor Mai Mala Buni of Yobe State, are already in court at various stages of litigation that may not bode well with the ambitions of the party from this year to 2023.

Zamfara State, in particular, has been embroiled in internal squabbles since 2019, which saw he APC lose all its contested seats from the state House of Assembly, the House of Representatives, the Senate and then to the Government House during the that year’s General Elections as party chieftains bickered in a show of power of control of the party structure in the state.

However, with the defection of the State Governor, Bello Matawalle along with three senators and six Reps and state House of Assembly members all previously elected on the platform on the PDP to its fold, last month, many had expected the rift to settle.

The contrary was the case, largely due to actions and political calculations undertaken by Buni and his CECPC members in dissolving the state’s executive committee along with the council chairmen, and the appointment of Matawalle as leader of the APC in Zamfara; two key moves presently under litigation in various courts.

In July alone, two lawsuits have already been filed at the courts by aggrieved members of the party in the state challenging these decisions by Buni and the CECPC.

Penultimate week, 10 APC local government chairmen in Zamfara filed a case before a Federal High Court, in Gusau, challenging the recent dissolution of councils by the National Chairman CECPC, Alhaji Mai-Mala Buni.

The suit was reportedly filed before the court on Monday, July 12.

It would be recalled that Buni had on June 29, at a ceremony to formally receive state Governor Bello Matawalle into the APC from the PDP, announced the dissolution of all the party’s leadership structure in Zamfara.

The plaintiffs, Alhaji Abdulaziz Danmaliki and nine others applied to the court on the matter, through D. C. Enwelum (SAN), of Bello Umar & Co., Legal Practitioners and Notary Public of Zamfara situated in Gusau.

The suit has the CECPC Chairman of APC, Alhaji Mai-Mala Buni as first defendant, the All Progressives Congress (APC), second defendant and the Independent National Electoral Commission (INEC) as third defendant.

The plaintiffs want the court to determine whether the CECPC chairman had the right to dissolve them and handover affairs of the party, and whether the Independent National Electoral Commission (INEC) can lawfully accept and deal with any other officer of the party in the state, other than the plaintiffs.

They asked the court to declare as “mere oral announcement, of the dissolution, on the June 29, as illegal and a void act contrary to Article 14.1 (lll), (V) and (Vlll) of the party’s constitution.”

They are also affirming that the dissolution does not extinguish the legal rights of the plaintiffs and that the first defendant lacks the right to remove the plaintiffs who were duly appointed by the National Secretariat of the party on December 8, 2020.

They submitted that the June 29, announcement, dissolving all executives and party structures in the state is null, void and of no effect as well as seeking the court to order the third defendant (INEC), not to accept or deal with any other state officer other than the plaintiffs.

The plaintiffs also sought the court to set aside and nullify the announcement made by the first defendant, dissolving the executives and handing over affairs of the party to Gov. Matawalle as the party leader.

They also prayed the court to order that the appointment of the plaintiffs subsists.

They appealed to the court to restrain the first and second defendants from disrupting their tenure of office pending the conduct of congresses at all levels and also restrain the third defendant from recognising or dealing with other members.

Up until now, two chieftains of the party in the state, former governor of Zamfara, Abdulaziz Yari and Senator Kabir Marafa have been vocal in their protest against the imposition of Matawalle as state leader, a development that has seen the APC formally suspend the senator.

According to the duo, they had earlier met with six governors from the APC to discuss the conditions upon which Matawalle would be accepted into the party.

“It is one thing we do not agree with, where Governor Mai Mala said [Matawalle is the leader of the APC] because he is not in our discussions with six governors,” they said.

“What we agreed on was to go and launch Bello first and return to negotiations.

“What we agreed on is what we would give in the party and what we would take in government.

“But when we went there, there was a controversy and we found that there was a plan, some said, the party was to be disbanded.

“The party cannot be destroyed because no one has the power to destroy it.”

For Anambra State, the outcome of two key decisions taken by Buni and CECPC are still under question marks; in constituting a 7-member committee to screen aspirants jostling for APC’s ticket for the November 6 Governorship election, and also in appointing Ogun State Governor, Dapo Abiodun as Committee Chairman to oversee the conduct of the primary poll for candidates on the APC platform ahead of the November 6 election.

That primary was heavily disputed by almost the candidates who participated in it, with many cally for its cancellation.

Last week, one of the aspirants in that disputed June 26 primary election, Dr George Moghalu, has dragged the APC before the Abuja division of the Federal High Court, over what he called the ‘inconclusive process’ which produced another candidate, Senator Andy Uba as winner ahead of the November 6 Governorship poll in Anambra State.

Moghalu claimed the APC failed to conduct a valid primary election for the selection\nomination of the party’s candidate in the November 6 governorship election in Anambra State, describing the process as ‘inconclusive.’

Moghalu, who is also Managing Director of National Inland Waterways Authority (NIWA), had acted as spokesman for the 14 aspirants who contested for the ticket of the APC during its controversial June 26 primary where he had carpeted the party for conducting a sham election, as he insisted that no election took place or was conducted.

It would be recalled that Andy Uba clinched the ticket of the party for the November 6 governorship election during the primary overseen by the Ogun State Governor, Dapo Abiodun, who announced that Uba polled 230,201 votes to beat 13 other aspirants and emerge the party’s governorship candidate.

However, spokesman for the other aspirants and Moghalu, lamented that the June 26 governorship primary in the state did not hold.

Moghalu, in the suit dated and filed July 8, 2021 by his lawyer, Mr. Chris Uche, SAN, further asked the court to compel the Independent National Electoral Commission (INEC) to delist the name of Uba and the APC from among the list of political parties and gubernatorial candidates for the November 6 election or any subsequent postponement.

According to him, in a suit marked FHC\ABJ\CS\648\2021, the court should declare that the APC failed to conduct a valid primary election in line with the provisions of the 1999 constitution as amended, the Electoral Act and the APC’s constitution and guidelines for election, while further demanding the sum of N122.5 million from the party being damages from losses incurred and also representing the refund of payment for the expression of interest form and nomination form obtained from the political platform.

In the suit, Moghalu is also praying the court to order the APC to pay him N100 million as ‘exemplary and general damages for the breach of contract to commence and conclude primary election and or breach of Section 87 of the Electoral Act, 2010 (as amended) and the regulations and guidelines of the political party.’

Parts of the relief sought included a declaration by the court that the APC has no candidate to field in the November 6 governorship poll in Anambra State having failed to conduct a valid primary in line with the law.

Also that the court should declare that Mr. Andy Uba is not a candidate in the forthcoming election because the said primary that produced him as candidate of the APC did not comply with the provisions of the law.

The Plaintiff, in the motion exparte dated and filed July 13, 2021, also prayed the court to make an order for the expeditious hearing of the suit so as not to deny him justice.

Defendants in the suit are the All Progressives Congress, the Independent National Electoral Commission and Mr. Andy Uba.

In a 40-page paragraph affidavit, he deposed to back the suit, the plaintiff (Moghalu) amongst others is claiming that the APC failed to conclude the selection and nomination process for its candidate in the November 6 governorship poll, which it started with the sale of expression of interest and nomination forms.

According to him, the APC had chosen to adopt the direct mode of electing its candidate for the Anambra governorship poll hence the publishing of a list of designated venues in each of the 326 wards in the state for holding of the primary election slated for June 26, 2021.

Moghalu stated that after his submissions of the forms and subsequent clearance by the screening committee that was led by Mr. Ikechi Emenike, he went on to vigorously campaign in all the 326 wards in the state where party members are expected to vote for the candidate of their choice.

He added that on June 25, 2021, a day to the conclusion of the primary election, he heard that an electoral committee led by the Ogun State Governor, Mr. Dapo Abiodun, would address all aspirants and stakeholders in Anambra at the Hilton Leisure Hotel, Awka.

Moghalu said in his affidavit that the committee promised to conduct a free and fair election, adding that the process would commence with accreditation of voters, actual voting and collation of votes, then announcement of results.

“Shockingly, on June 26, 2021, the said election committee was not seen anywhere in Anambra; no accreditation of voters took place; no voting and collation of votes occurred in all the 326 wards of Anambra State.

“The committee only re-appeared the next day in a hotel at Agulu, Anambra State and announced election results it did not conduct, and which fakery was credited to the third defendant as the winner of the primary election scheduled for emergence as APC’s candidate in the November 6 governorship election in Anambra State.”

The APC chieftain further claimed that the party did not invite the INEC in line with the law to attend and monitor the election.

He also stated that in line with party regulations he filed an appeal against the conduct of the primary, and the Appeal Panel led by Gombe State Governor, Mr. Inuwa Yahaya, came to the conclusion that there was no valid election and that the panel would void the result announced by the electoral committee.

“That from the foregoing facts, I have suffered loss and damage and I pray this court to grant the reliefs sought by me as per the originating summons,” Moghalu said.

Political and legal analysts alike posit that from the outcome of the Supreme Court judgment on the Ondo Governorship election, if Moghalu were to amend his affidavit to include that Buni is not eligible to constitute any committee to conduct election in Anambra State, he may have a chance of winning his suit or even preventing the party from fielding any candidate in the November 6 exercise.

Reacting, Wednesday, to the apex court ruling on the Ondo election, the PDP, through its National Publicity Secretary, Mr Kola Ologbondiyan, told the embattled Buni to resign his caretaker chairmanship of the APC, as according to the party, the position ‘is a violation of both the ruling party’s constitution and the 1999 constitution (as amended).’

Addressing a press conference at the party’s secretariat, Ologbondiyan said the split decision of the apex court is a vindication of the party’s position.

“We insist that in line with the split decision of the Supreme Court judgment, there is no way that Mai Mala Buni as governor of Yobe state can also function as chairman of All Progressives Congress. That is totally an aberration of the doctrine and dictates as established in the All Progressives Congress constitution as well as the 1999 constitution (as amended).

“We insist that the process that led to the emergence of Gov. Akeredolu was and remains a violation of the APC constitution as well as the 1999 constitution. Section 183 of the 1999 constitution states that no governor should hold any other position in any capacity apart from the office of the governor. As you know, this was the major ground upon which we went to the Supreme Court,” the PDP spokesman said.

Now that the Supreme Court has affirmed the illegality of Buni as caretaker chairman of the APC, the decision to contest in court other decisions taken by his committee is now open to members and opponents alike.

APC may have won the Ondo battle, the political war is ahead. That seeming Pyrrhic victory secured at the Supreme Court may not justify the twice extended tenure of Buni, as another extension could be catastrophic.

In the same vein, Senators Yari and Marafa in Zamfara, along with the sacked council chairmen may have a case afterall, as the suit filed by the latter if amended now has a leg to stand on.

For the immediate, a National Convention of the party is no longer optional, but has all the more become expedient.