The Nation Newspaper

Tag: tenure extension

  • Fresh crisis over tenure extension in APC

    There is no let up in the plan of the John Odigie-Oyegun-led National Working Committee (NWC) the All Progressive Congress (APC) to elongate its tenure, it was learnt yesterday.

    The NWC is working covertly towards extending its tenure despite President Muhammadu Buhari’s advice against it.

    The National Executive Committee (NEC) also rejected tenure elongation on April 9 and granted the NWC members waivers to recontest for their posts, if they wished.

    The NWC appears to have exposed its tenure elongation bid in a letter to the Independent National Electoral Commission (INEC), notifying the agency of its plan to “fill vacant offices arising from effusion of time or appointment into government offices, death and other reasons as stipulated in Article 17 of our party’s constitution.”

    This is contrary to the NEC decision, said a party official last night. He added that there might be no elections at the ward, local government and state congresses and the national convention.

    The April 9 letter signed by APC National Secretary Mai Mala Buni was addressed to INEC National Chairman Prof. Mahmood Yakubu.

    The letter has created another crisis in the NWC. Sources said its content was known only to Oyegun, the national secretary and National Organising Secretary Osita Izunaso who fixed the dates for the elections.

    The dates are ward congresses (May 2); local government congresses (May 5), state congresses(May 9) and national convention (May 14)

    A source in the NWC said: “This letter was shocking to most of us. Instead of declaring all offices open, the notice is only talking of the need to fill existing vacancies. The NWC has overruled President Muhammadu Buhari through this notice.

    “This is tenure elongation being perpetuated under the table by this team led by Odigie-Oyegun. Since the tenure of all officers at all levels has expired, the decision of our last NEC meeting was election across board.

    “What they are plotting is affirmation of the continuation in office of all officers at the ward, local government, state and national levels.

    “ It is unfortunate that only the national chairman, the national secretary and the national organising secretary were privy to the letter.”

    Another NWC member, said: “This letter coup might have been planned with pro-tenure elongation governors because about a week ago, Governor Jubrilla Bindow of Adamawa State emphatically declared that there will be no election of officers.

    “It is sad that the advice of the President on constitutional procedures amounted to nothing. The NWC has perfected the retention of all officers at all levels.

    “If Buhari is not nominated by a properly and constitutionally elected NWC, he might lose the 2019 poll on technical ground. The opposition can go to court and nullify his mandate if he wins.”

    It was also learnt that a North Central meeting attended by leaders, including Plateau State Governor Simon Lalong, decided on affirmation of officers from the ward to the national levels.

  • Court fixes May 14 for judgment in APC tenure extension case

    AN Abuja Federal High Court yesterday fixed May 14 for judgment in a suit seeking to void the one-year tenure extension granted to the National Working Committee (NWC) of the All Progressives Congress (APC).

    The plaintiff, Mr. Ademorin Kuye, led some other party members to file the suit after the party extended the tenure of NWC by one year.

    The defendants are: the Independent National Electoral Commission (INEC), APC, its National Chairman, Chief John Odigie-Oyegun and National Organising Secretary Senator Osita Izunaso.

    The plaintiffs on March 15 obtained an ex parte order directing the defendants to show cause why the NWC members should not be barred from parading themselves as the party’s national officials.

    When the matter was called yesterday, Kuye’s counsel, Mr. Ahmed Raji (SAN), said  they were in court to seek an interpretation to Section 223 of the 1999 Constitution.

    The SAN said: “We have argued that Section 223 is mandatory and the philosophy behind it is to ensure that political parties conduct their affairs in a democratic manner.

    “Therefore, by whatever decision can a political party extend tenure, especially almost half way to the end of the tenure where there is no emergency.”

    He argued that if there was an emergency such as the country was at war, then it could be considered.

    Raji, however, maintained that there was no such emergency now to warrant such an action.

    He urged the court to avoid an interpretation that would render Section 223 of the Constitution useless, adding that the four years stipulated for a tenure should be adhered to.

    The SAN disagreed with the defendants that the matter was the party’s domestic affair and that internal remedies had not been exhausted.

    According to him, the highest organ of the party, the NWC wants to overrule the president, that cannot be a domestic affair.

    INEC’s counsel Mr. Idris Yakubu said the commission had no position in the matter, adding that it would be bound by the court’s decision.

    APC’s counsel Mr. Joseph Daudu (SAN) urged the court to dismiss the suit because it was premature, claiming that it was filed based on fear, speculations and political calculations.

    According to Daudu, what they were asking the court to do has not arisen yet as there is no instrument before the court showing that there is an elongation.

    Daudu argued that besides the fact that the plaintiff lacked “locus standi”, the case was a demonstration of why the court should not interfere since the party was trying to self-resolve the issue.

    Mr. Akin Olujimi (SAN), counsel to Oyegun, aligned himself with the submissions of Daudu and prayed the court to dismiss the suit.

    Olujimi argued that the resolution which the plaintiff (Kuye) alleged was reached by the NEC of APC on February 27, was the foundation of the suit but that the said resolution was not placed before the court.

    According to Olujimi, their case is founded on tenure elongation but there is nothing like that before the court.

    Mr. James Onoja (SAN), counsel to Izunaso, contended that his client was not supposed to be a party to the suit since the case around his client was that of a waiver and not tenure elongation.

    Onoja, who filed a preliminary objection challenging the competence of the suit, also urged the court to dismiss it.

    The trial judge, Justice Nnamdi Dimgba, fixed May 14 to deliver judgment.

  • Exposed: Oyegun’s ‘hidden agenda’ on tenure extension

    Party: no such plot

    Rather than go away, tenure elongation is still haunting the All Progressives Congress (APC).

    Some of its members yesterday cried out over the content of a memo presented to the National Executive Committee (NEC) meeting on Monday by Chairman John Odigie-Oyegun.

    They claimed that a portion of the memo was aimed at achieving tenure extension through the backdoor.

    But the party leadership denied having any hidden plan to extend its tenure.

    The NEC rejected tenure elongation for Oyegun and other members of the National Working Committee (NWC).

    It, however, granted them waivers to recontest at the party’s congresses and convention for which no dates have been fixed.

    President Muhammadu Buhari was at the NEC meeting to, according to him, “nail the coffin of tenure elongation and also declare my re-election bid”.

    But in his memo, Oyegun said the Simon Lalong Technical Committee recommended, among others, that: “if for reasons of inability to fulfil constitutional and or legal conditions requisite for the conduct of a valid elective congress or convention, then, the party may as a last resort leverage on the NEC resolution of February 27, 2018, which in our view is lawful in the circumstances.” The NEC, on February 27, approved tenure extension for Oyegun and his team, but reversed itself following the President’s intervention on March 27.

    Referring to the committee’s report, Oyegun insisted that the February 27 decision of NEC neither violated APC constitution nor the 1999 Constitution.

    Sources said yesterday that the adopted memo may “trigger problems”, especially if the proposed congresses and convention are not held.

    “I suspect a plot to frustrate and subvert the congresses and convention, especially since waivers have been given to the NEC to supervise the exercise and recontest in the intra-party elections. There may be no commitment to successful congresses and convention. The exercise can be programmed to fail to achieve tenure elongation through the backdoor.”

    Other recommendations approved by the NEC include a 21 days statutory notice for the holding of elective congresses and convention to be given to the Independent National Electoral Commission (INEC) immediately; the current zoning formula for party offices be retained; requirements of Article 31 (111) be waived in line with the provisions of Article 13.4 (xv) to avoid disruptions in the management of party affairs at all levels; and all pending suits in respect of this matter be withdrawn.

    Oyegun recalled that on February 27, the NEC voted to authorise all elected officials to continue in acting capacities for a period not exceeding 12 months after the expiration of their tenure.

    He said the President observed that the NEC’s decision might have contravened the party constitution and the 1999 Constitution.

    The chairman noted that, following the President’s observation, the NEC authorised him to set up the Lalong committee to advise the party on the way forward.

    The 10-man committee, he said, was mandated to examine the President’s position and recommendations.

    Oyegun said the committee affirmed the “constitutionality and legality of the NEC Resolution of February 27” and the “need for elective congresses and convention.”

    Quoting the committee’s report, Oyegun said: “After citing relevant statutes and authorities, the committee concluded that the decision taken by the NEC at its meeting of February 27 did not violate either the constitution of the party and that of the federation.

    “In essence, APC is competent through its relevant organs, to constitute caretaker committees to run the affairs of the party upon the expiration of the tenure of its elected party officials where, for some reasons, it is impracticable to hold elections before the requisite effluxion of time.

    “The committee is of the view that it is the requirement of the constitution that the party should hold democratic congresses and convention every four years. The issue however, is whether or not this requirement accommodates certain exigencies or circumstances that might prevent or make the holding of the congresses and convention impracticable.”

    Oyegun said the Lalong committee recommended as follows:  “That although the decision taken by NEC on February 27 is legal and constitutional, and violated neither the party constitution nor that of the federation, it is still in the best interest of the party to conduct congresses and convention.

    “However, in doing so, all reasonable measures should be taken to minimise opportunity for acrimony or rancour while ensuring that all prescribed constitutional and legal conditions are met.”

    Dispelling fears of the NWC extending its tenure, APC spokesman Bolaji Abdullahi said the party was already preparing for its congresses and convention.

    He described the NEC’s decisions as a stop gap measure, pointing out that there is nothing constitutional about them. Abdullahi dismissed insinuations that the party leadership may leverage on that not to hold congresses and convention.

    He said: “I can assure you that we are preparing for congresses and convention. The congresses and convention will hold and so, there is nothing like anybody leveraging on that to ensure that congresses do not hold so that some people will remain in office”.

  • Forum makes U-turn on tenure extension

    The Forum of All Progressives Congress (APC) Non-NWC members yesterday made a U-turn on its support for tenure extension for members of the National Working Committee (NWC).

    It is now supporting President Muhammadu Buhari’s stand that tenure elongation is undemocratic.

    The group also dismissed reports that some governors were planning to use state chairmen to extend the NWC’s tenure.

    The Forum was one of the groups that first publicly canvassed tenure elongation for the NWC.

    Its spokesman, Jock Alamba, told a news conference in Abuja that after due consultation with stakeholders: “We the Forum of All Progressives Congress (APC) Non-NWC members wish to state clearly and unambiguously that we stand with our dear President Buhari  on his position that election to party offices, starting from ward, local government and state congresses to national convention be conducted unencumbered, with free and fair elections.

    “We share Mr President’s unalloyed commitment to the rule of law and fine tenets of internal democracy and the firm beacons he is laying to deepen our fledgling democracy.

    “He has, at different fora, as a converted democrat demonstrated his commitment to democracy as exemplified in the gubernatorial and senatorial elections which opposition political parties won in states like Anambra and Rivers under his watch which is a stark difference from mid-term and other election results under the Peoples Democratic Party (PDP) 16 years of do or die politics.

    “President Buhari’s concern for due process is legendary and we could not underrate his concern that since the law is an ass, our most likely 2019 presidential and other electoral victories should not be toyed with or placed in jeopardy with legal niceties or put in harm’s way of fortune hunters.

     

  • Oyegun: APC committee puts final nail on tenure extension

    The Technical Committee set up by the All Progressives Congress (APC) to advise the party on the controversial issue of tenure elongation for party executives at all levels, submitted its report to the National Chairman of the party, Chief John Odigie-Oyegun, yesterday.

    The committee recommended that the issue of tenure elongation be jettisoned to allow for a national convention.

    The Nation gathered that the recommendations of the ten-man committee might have put the final nail on the coffin of tenure elongation to pave way for election of new leaders for the party.

    The tenure of the present executive is expected to end in June.

    The Governor Simon Lalong-led Technical Committee, whose setting up was directed by the National Executive Committee meeting on March 27, was mandated to examine the position of President Muhammadu Buhari on tenure elongation as contained in his statement delivered at the said meeting vis-a-vis the resolution of the NEC meeting of February 27, 2018.

    The committee was also asked to assess all the information available and recommend a course of action consistent with the provision of the party’s constitution, the constitution of the Federal Republic of Nigeria and all relevant laws.

    Other members of the committee are Governors Nasir el-Rufai of Kaduna, Rotimi Akeredolu of Ondo and Abiola Ajimobi of Oyo, as well as the Secretary to the Government of the Federation, Boss Mustapha, Senator Ben Uwajumogu, Hon. Kabiru Alana, Barrister Elisha Kurah, Barrister CJN Dakas, SAN and the National Legal Adviser of the party, Muiz Banire, who will serve as member and Secretary.

    A source who is in the know of what transpired during the committee’s sitting revealed that the decision of APC governors to support President Muhammadu Buhari’s decision might have influenced the recommendation.

    Submitting the committee’s eport, Chairman of the Committee and governor of Plateau State, Simon Lalong, told the National Chairman, Chief John Odigie-Oyegun, that if the report of his committee was followed religiously, all the issue of leadership logjam in the ruling party would become a thing of the past.

    Lalong said: “The task appeared not easy when it was given to us. But with God on our side and the very wide consultations we made, this report has solved most of the problems that we were thinking was within the APC.

    “So, that is to tell you that there is democracy in the APC.

    “We looked at the meeting of February 27; we looked at also the passion and the commitment of Mr President towards keeping the party one and also cohesive, and at the end of the day, we made far-reaching recommendations.

    “We noticed that there were different interests, which is quite usual when you have a party like this that is progressive, and those interests were genuine.

    “But at the end of the day, we were able to marry those interests so that the party can move forward.

    “So, in this report, you will see a lot of it.

    “The report will also contain recommendations of certain issues that we think the party should do immediately, and one of them you have already started; that if these recommendations are going to be useful within the shortest time, the party must summoning a NEC meeting.

    “Already, we have received notices of NEC meeting for Monday, which is also in line with our recommendations, and we want to assure you that at the end of the day, APC is coming back to life.”

    Responding, Chief Oyegun, who appreciated the committee’s efforts, said: “Finally, the recommendations of your report will lay to rest the ghost that have been hovering over the leadership of APC.”

  • Monday’s APC NEC to decide on tenure extension’

    The All Progressives Congress (APC) will hold an emergency National Executive Committee (NEC) meeting on Monday to discuss the report of the technical committee on tenure elongation and take a final decision on the issue, it said yesterday.

    National Chairman John Odigie-Oyegun, after a meeting between the National Working Committee (NWC) with some APC governors, said notices had been sent out for the NEC meeting. It will be the third in quick succession.

    Party spokesman Bolaji Abdullahi said the final decision on whether to back track on the earlier decision of NEC on tenure elongation, would be taken on Monday.

    He said Zamfara State Governor Abdulaziz Yari was only expressing his opinion when he said the governors had decided to back the President on the need to conduct party congresses.

    Oyegun said: “Today, the governors and the National Working Committee of the party decided to sit and look at the issues that are seemingly dividing us. I want to say to you with absolute satisfaction and pride that all the issues you have been commenting about in the last two days have been completely and totally resolved. We are back in business as one united and happy family.

    “I want to say also that yesterday, we set up a technical committee as ordered by NEC. From the very first minute that we called them to section, they have worked non-stop because I emphasised when I was inaugurating them that their report was time sensitive. It is sensitive because we have already sent out notices for the meeting of NEC, which will hold on Monday.

    “I am glad to say that the chairman of the technical committee has reported that his report will be ready this evening or tomorrow morning. This report will be placed before NEC on Monday, April 9 and appropriate decisions will be taken.

    “Thereafter, we will announce to you the further steps that we are going to take resulting from NEC’s consideration on the recommendations when we receive them.”

    Abdullahi said it was wrong for people to conclude that the governors had decided to go with the President on tenure elongation because the position of the President was not inconsistent with the position of the party.

    He said there was no fundamental difference between the position of the governors and that of the President, adding that the governors were not opposed to the National Working Committee as there was no time they worked at cross purpose.

    He explained that the party was working towards having a win-win situation for all members, pointing out that the interest of President Buhari had always been to have a solution to all the issues.

    Abdullahi said: “It is left for the NEC to decide and if the committee recommends that the position of NEC should be maintained, then there would be no need for an elective convention and then the President and those who are concerned that the decision we have taken is correct or not will have more confidence in the position of the party.

    “But if the committee recommends that congresses should be held, then NEC will consider the report and at the same time decide whether to reverse itself. However, as I speak with you, there is no evidence whether the Committee will recommend this way or the other way.”

    Governors at the meeting are Rochas Okorocha (Imo), Yari (Zamfara), Atiku Bagudu (Kebbi), Abdullahi Ganduje (Kano), Akinwunmi Ambode (Lagos), Abubakar Badaru (Jigawa), Ibikunle Amosun (Ogun), Yahaya Bello (Kogi) and Simon Lalong (Plateau).

    Also there were Niger State Deputy Governor Mohammed Ahmed Ketso and House of Representatives Chief Whip Ado Dogowa.

  • Court insists on hearing Odigie-Oyegun, others in suit against APC’s tenure extension

    A Federal High Court in Abuja has rejected the move by some aggrieved members of the All Progressives Congress (APC) to void the party’s decision to extend the tenure of members of its National Executive Council (NEC).

    Justice Nnamdi Dimgba, in a ruling yesterday, rejected three key prayers in a motion ex-parte argued for the plaintiffs by their lawyer, Ahmed Raji (SAN).

    Those rejected include the  order of interim injunction restraining the party’s officials whose tenure extension is being challenged, from parading themselves as the party’s officials upon the expiration of their tenure on June 30, “unless they are democratically re-elected” at the party’s convention or congress organised for that purpose, pending the determination of the motion on notice for interlocutory injunction.

    The judge also rejected a prayer for an order of interim injunction restraining the third defendant (John Odigie-Oyegun) and other officials of the party elected between April and June 2014 from further parading themselves as officials of the party after June 30, 2018 “except they are re-elected at the convention or congress” of the party, pending the determination of the motion for interlocutory injunction.

    He also turned down a prayer for an order of interim injunction restraining the second and third defendants (APC and Odigie-Oyegun) “from further holding the fourth defendant (Osita Isunaso) as the National Organising Secretary” of the party “unless he is democratically elected at a convention/congress organised by the second defendant (APC) for that purpose”.

    Justice Dimgba, while rejecting the three prayers, noted that it would be “improper to grant them without hearing the respondents”.

    The judge elected to grant accelerated hearing of the suit.

    He said the court would prefer to determine the substantive suit before June 30, when the actual tenure of the affected APC officials would be deemed to be expired, rather than grant the interim orders.

    Justice Dimgba ordered that the respondents – the Independent National Electoral Commission (INEC), APC, Odigie-Oyegun and Isunaso – to be put on notice to enable them respond to the application for interim injunction.

    The judge also granted an order permitting the plaintiffs “to sue the third defendant (Odigie-Oyegun) in a representative capacity for himself and on behalf of the state, local government area, and Ward officials of the APC elected between April and June 2014”.

    He also granted leave to the plaintiffs to serve the originating summons and all other accompanying processes in the suit on the third and fourth defendants (Odigie-Oyegun and Isunaso) by substituted means through the 2nd defendant’s (APC) office at Plot 40, Blantyre Avenue, Wuse 2, Abuja”.

    The judge also gave an order “deeming the service of the originating summons and all other accompanying processes in this suit on the 3rd defendant (Odigie-Oyegun) in terms of Relief Two above, as proper service”.

    Justice Dimgba has adjourned to March 28 for the hearing of the plaintiffs’ motion for interlocutory injunction.

    A similar suit is also pending before the Federal High Court, Abuja filed by another aggrieved member of the APC  in Imo State, Okere Uzochukwu.

    Uzochukwu claimed to be an aspirant to the state chairmanship  position in his state.

  • Tenure extension: APC denies man for dragging party to court

    Tenure extension: APC denies man for dragging party to court

    The All Progressives Congress (APC) in Imo State yesterday described one Okere Uzochukwu, who took the party to court over the extension of the tenure National Working Committee (NWC) as an impostor.

    Okere, who claimed to be an aspirant for the chairmanship position in Imo APC, also joined the Independent National Electoral Commission (INEC) in the suit number FHC/A6J/CS/219/2018, praying the Court to quash the extension.

    A statement by the Chief Press Secretary to the Imo State governor, Sam Onwuemeodo, reads: “We start our reaction by stating that Okere Uzochukwu is not a registered member of APC in Imo State.

    “We have done our checks and could not locate such name in our official membership registers.

    “It is now left for Mr. Okere Uzochukwu to mention his ward, his registration number and show his membership card.

    “His case would also help the party to expose some untrustworthy politicians who crawled into Imo APC and have been playing their usual hide and seek game.”

    The statement added: “The truth is that no genuine member of the party could wake up one morning and take the party and its National leadership to court without clearance from the leader of the party in the state or clearance from the State exco of the Party.

    “He is an impostor and does not have the support of APC members in the State in his action, especially when he is not a member of the party and since Imo APC is not against the tenure extension for John Oyegun-led NWC.

    “The APC governors Forum, which the Imo governor chairs had pressed that the extension of tenure be made across the board in which the State, Local Government and Ward Officers of the Party would benefit from the exercise and that was done.

    “There is therefore no reason to warrant any Court action since the extension was done in good faith.

    “The leader of the party in Imo, Owelle Rochas Okorocha and the party, its executives and Stakeholders in the State dissociate themselves from the court action.”

     

  • Oyo Assembly approves tenure extension for council chiefs

    The Oyo State House of Assembly has granted a four-month tenure extension to the 33 local government chairmen and their counterparts in the 35 local council development authorities (LCDAs) across the state.

    The approval followed a formal request Governor Abiola Ajimobi sent to the Assembly.

    The tenure of the caretaker chairmen expired yesterday.

    The Assembly also approved the appointment of 11 caretakers chairmen for the 11 local government areas and LCDAs affected by a suit stopping the appointment of council chairmen on the ground that some places were wrongly transferred to different council areas in the creating of the LCDAs.

    The case was instituted by some baale (ward chiefs) in Oyo town.

    A Federal High Court, sitting in Abuja, recently vacated the order on the conduct of the local government election in Oyo State.

    The two letters from the executive and read during yesterday’s plenary by Speaker Michael Adesina Adeyemo asked for the renewal of the tenure of the caretaker chairmen and the appointment of new caretaker chairmen for the 11 local government and LCDAs that are yet to have caretaker chairmen in the past four months.

    After the reading, Deputy Speaker Musa Abdulwasil said the tenure extension was needed to avoid creating a vacuum in local government administration. The motion was seconded by Segun Olaleye on the ground that it would help in the preparations for the council elections before the expiration of the four months.

    The House directed the caretaker chairmen-nominees to report today to the Office of the Clerk of the Assembly with photocopies of their credentials for screening.

    The committee was directed to submit its report on the screening tomorrow to the Assembly.

    The nominee for the local government areas are: Adediran Asitu (Irepo), Remi Adeniyi (Afijio), Okeniyi Gbolagade (Atiba), Oladeji Tajudeen Olabisi (Oyo West), Odekanmi Olayinka (Oriire) and Babatunde Abiodun Adebayo (Oyo East).

    The nominees for the LCDAs are: Akano Nathaniel Idowu (Asabari),  Tunde Ojo (Afijio West), Oyelayo Sunday Ajiboye (Soto),  Tiamiyu Taiwo (Oyo South East), Jelili Abiola (Oyo South West), Jacob Bamgboye  (Oriire South), Aransi Akeem (Lagelu West), while Oriire North was yet to be nominated for confirmation.