Former member of the Senate (Rivers South-East Senatorial District), Senator Magnus Abe, has appealed to the Minister of State Labour and Employment, Festus Keyamo, SAN, to be cautious about their comments on the possible fate of the party in the aftermath of Wednesday’s judgment of the Supreme Court on the governorship election in Ondo State.
Keyamo had advised that the APC should step down its plan to proceed with its ward congresses and national convention, citing possible injurious implications of the apex court’s judgment on the party under the chairmanship of Governor Mai Mala-Buni of Yobe State.
But Senator Abe said there is nothing in the Supreme Court judgment that implies that a governor cannot serve as chairman of any committee in a political party of which he is a member.
In a statement he personally signed and posted on his Facebook account entitled ‘No Keyamo: Self-Immolation is not the Option for APC’, stated that the Buni-led caretaker committee in the determined effort to reposition the party had adjusted the seating arrangements in a lot of states, and that this might explain the stand some party leaders would take on this issue.
Abe said he was surprised to read Keyamo’s position calling for an immediate halt on all preparations for the congresses and for the Governor Mai Mala Buni-led National Caretaker/Extraordinary Convention Planning Committee (CECPC) to be disbanded.
“Keyamo’s argument is premised on his interpretation of the judgement of the Supreme Court of Nigeria in Jegede Vs Akeredolu.
“Most members of the APC accepted the reality of the CECPC as a decision of the National Executive Committee (NEC) of the APC with Mr. President as leader of the party in attendance.
“Party leaders who had reservations about the constitution of the CECPC were informed that the decision to establish the committee was reached only after extensive legal examination of the issues confronting the APC at that time by a body of eminent lawyers in leadership positions in the APC.
“Festus Keyamo, I understand, was one of those legal luminaries whose stand swayed the president in support of the CECPC option as the only means to save our party from imminent self-destruction.
“That is why I was taken aback by the quick and sudden volte-face of Mr. Keyamo in the face of Jegede vs. Akeredolu.”
He said it is shocking that any legal practitioner would reach the conclusion that the Supreme Court has already decided that chairmanship of a committee constituted by the National Executive Committee of a political party constitutes paid employment or an executive position as stated in Section 183 of the constitution.
“Almost every convention committee or caretaker committee of every political party in this country that is privileged to have a governor in its fold has been chaired by a governor; almost every primary election that produced our governorship candidates has been chaired by a governor.
“A decision by the Supreme Court that chairmanship of a committee constituted by NEC for a particular purpose can constitute an executive position or paid employment as envisaged by the constitution of Nigeria must be a matter of evidence, and it will have grave consequences not only for the APC but the entire polity,” he added.
Abe said further: “The convention planning committee is a committee of NEC. Buni was not appointed as executive chairman of the APC. He is our Convention Committee Chairman, but because the Working Committee of the party was dissolved by NEC, the caretaker members are to take care of the affairs of the party on behalf of NEC until an executive chairman is elected by convention.
“This was carefully spelt out in the NEC resolutions that gave birth to the CECPC.
“These documents and others pertaining to Buni, and his lack of remuneration and activities, will be evidence before any judicial proceedings to determine the status of the Buni-led caretaker committee.
“Any member of the party who is emboldened by Barrister Keyamo’s interpretation of Jegede Vs. Akeredolu to challenge the legality of the caretaker arrangement of our party on that basis may do so, but the litigant will of course bear the burden of proof, and the party should be ready to defend its own position based on the evidence.”
He opined that Keyamo was merely second guessing the Supreme Court when he gave the impression or suggested, based on his understanding and interpretation of the said judgement, that any legal challenge against Buni must succeed, no matter the circumstances of the challenge.
“This is simply incorrect. No two cases are the same. The Supreme Court itself wisely declined to make a pronouncement against Buni on the ground that he was not joined and not heard.
“To now conclude that whatever he would say when heard would not amount to anything as judgement must be passed against him is to overlook the age-long admonition of the same Supreme Court itself in the 1987 case of Lawrence V. Nnaife that “justice and fairness demand that the ratio of any case should not be pulled by the hair of the head and made Willy-nilly to apply where the surrounding circumstances are different”.
“Since the surrounding circumstances have not been made known to the Supreme Court for which it rightly declined to condemn Buni unheard, it’s preposterous to second-guess the Supreme Court on that.
“Let’s tread carefully, cautiously. Instead of throwing away the baby with the bathwater, and causing a stampede, let’s all support the caretaker to the point that it births a proper executive council to prepare us for the future, especially the 2023 elections,” he counseled.
Abe maintained that to throw out the CECPC at this point may amount to self-immolation from which the party may not recover.