•   Gives reasons
•   Warns those planning to run election via APC not to waste their money
•  Tension in states as congresses take off

The Peoples Democratic Party (PDP) on Friday said that the ruling All Progressives Congress (APC) has become technically invalidated and now lacks the statutory structure to operate as a political party in Nigeria.

Starnews Nigeria reports that the PDP hinged its conclusion on the recent Supreme Court judgement over the 2020 Governorship election of Ondo State.

In a split decision of four to three on Wednesday, the Supreme Court dismissed the appeal filed by the governorship candidate of the Peoples Democratic Party (PDP), Eyitayo Jegede against the election of Governor Rotimi Akeredolu in the October 10, 2020, governorship election in the State.

While four out of the seven-member panel of justices of the apex court dismissed the appeal for failure to join Yobe State governor, Mai Mala Buni as a party in the petition, three of the justices, including the presiding justice, Mary Peter-Odili is of the view that the appeal should be allowed.

The lead judgment delivered by Justice Emmanuel Agim held that the issue raised in the appeal was that Buni, as the executive governor of Yobe State, cannot act in the capacity of the acting national chairman of the All Progressive Party (APC).

Justice Ejembi said the inability of the appellants to include Buni, who is at the centre of the main issue as a party rendered the appeal incompetent.

While four of the justices held that the appeal of Jegede and his party was incompetent, because it did not include Buni as a party, the remaining three Justices held that it was not necessary to join Buni since the APC was already made a party to the suit.

In their dissenting judgment, Justice Mary Peter-Odili, who presided as well as Justices Ejembi Eko and Ibrahim Saulawa, held that since the APC was already a party to the suit, it was not necessary to join Buni.

After studying the judgment of the Supreme Court, the Minister of State for Labour and member of the APC, Mr Festus Keyamo, SAN, in a leaked memo to the party leadership, said the APC must be wary of the dire consequences of the judgment especially, as it looked forward to its congresses and national convention.

It is also why the Peoples Democratic Party (PDP) has advised Buni to resign from his position as the National Caretaker Committee Chairman of the All Progressives Congress (APC) because it contravened a constitutional provision, which made his continuous stay illegal.

Further to this, in a press conference on Friday, titled “S/Court Ruling: APC Now Invalid, Carries Burden of Let Buyer Beware”, Kola Ologbondiyan, the Spokesman of the Party, said the pronouncement of the Supreme Court which pointed to the nullity of APC’s subsistence and activities as a political party, for having a sitting governor, Mai Mala Buni of Yobe state, as its Chairman, in total violation of section 183 of the 1999 Constitution (as amended) as well as the provisions of Article 17(4) of the APC constitution, showed that all activities of the APC under Mai Mala Buni, including the nomination of candidates for elections, agreements, the official decision reached, the establishment of committees for statutory activities as well as its planned ward, local government and states congresses now hang loosely on the threat of invalidity.

The statement reads:

“The Peoples Democratic Party (PDP) alerts Nigerians and the international community that the All Progressives Congress (APC) has become technically invalidated and now lacks the statutory structure to operate as a political party in our country.”

“This is given the pronouncement of the Supreme Court which pointed to the nullity of APC’s subsistence and activities as a political party, for having a sitting governor, Governor Mai Mala Buni of Yobe state, as its Chairman, in total violation of section 183 of the 1999 Constitution (as amended) as well as the provisions of Article 17(4) of the APC constitution.”

“A further interpretation of the pronouncement of the Supreme Court showed that all activities of the APC under Mai Mala Buni, including the nomination of candidates for elections, agreements, the official decision reached, the establishment of committees for statutory activities as well as its planned ward, local government and states congresses now hang loosely on the threat of invalidity.”

“The fate of the APC as a defunct party is already sealed and the party cannot come out of this self-inflicted quagmire even if it engages in the drama of appointing a new National Chairman in place of Mai Mala Buni.”

“This is because the APC has become statutorily vacuous, without a valid National Working Committee, without a valid National Executive Committee (NEC) and a valid Board of Trustees (BoT) to legally initiate or carry out any official function including convoking any platform for the administration of the party. It is the end of the road for the APC,” he further added.

Based on its conclusion about the fate of the APC, the PDP counselled all aspirants for the planned APC ward, local government and state congresses as well as the national convention to note that the APC is now in a state of “let the buyer beware”.

The party noted that intending aspirants under the umbrella of the APC should be cautious of putting their precious time and resources in “a damaged vehicle that has come to the end of an ill-fated journey”.

In the same vein, the PDP said those hoping to use the APC as a vehicle to realize their ambitions as President, governor, federal and state legislators as well as other elective offices should note the fate that has befallen the APC.

The main opposition party said it sympathizes with the APC governorship candidate in the coming Anambra governorship election over the misfortune of trying to journey in a political “one chance bus”.

“The PDP calls on the Independent National Electoral Commission (INEC), state electoral commissions, the Judiciary, the National Assembly as well as other institutions of democracy in Nigeria to note this development and take appropriate actions.”

“The fate that has befallen the APC is the direct consequence of its recourse to impunity, corruption, malpractices, recklessness, disregard to rule of law and total absence of internal democracy.

“On our part, the PDP, as a bastion of democracy in Nigeria remains committed to our ideology and vision of our founding fathers and will continue to rally with Nigerians in the collective quest to rescue our dear nation from the misrule and stranglehold of the now crippled APC,” Spokesperson of the main opposition party said while concluding the press conference.”

Tension in states as congresses take off

Worried by the impact of the judgment of the Supreme Court on the fate of the All Progressives Congress (APC), President Muhammadu Buhari yesterday directed Vice President Yemi Osinbajo to meet with all ministers who are lawyers in his cabinet.

According to the Nation Newspaper’s report, the move was meant to douse the tension sparked by the minority ruling of the apex court on the legality of actions taken by the party’s Caretaker/Extraordinary National Convention Planning Committee (CECPC), headed by Governor Mai Mala Buni of Yobe State.

But many of the state chapters of the party were still in the grip of tension last night as they prepared for the ward congresses today.

At least one state, Kwara, may hold parallel congresses despite threat yesterday by the CECPC to sanction any one organising a parallel congress.

Sequel to Buhari’s directive, Osinbajo summoned a session with the Attorney-General of the Federation and Minister of Justice, Mallam Abubakar Malami (SAN), Works Minister Babatunde Fashola (SAN), Minister of State for Labour and Employment Festus Keyamo (SAN) and Information and Culture Minister Lai Mohammed.

The session debated the status of the CECPC chairman and whether the party should proceed with the ward congresses beginning today.

Buhari was awaiting a feedback from the Vice President to enable him give a clear directive.

A reliable source said the majority of participants at yesterday’s session “spoke in the right direction and supported the suspension of the congresses in order to avoid any consequence on the party’s fortunes in 2023.

“They also favoured a proposal to ask Buni to step aside in the light of the judgment.

“But Malami at the meeting said there won’t be any legal or constitutional obstacles if Buni leads the caretaker committee to conduct the congresses. They were of the strong opinion that the judgment does not affect the status of Buni or APC.

“Those concerned also pleaded that Buni should not be disgraced out of his seat. They demanded an ingenuous way of resolving the aftermath of the judgment of the Supreme Court.”

Responding to a question, the source added: “The VP is expected to get back to the President on the aggregate opinion of the meeting. Although the President mandated him to take appropriate decision, he will still defer to the number one leader.”

The President was yet to take his final decision at press time.

It was also gathered that there had been no communication between the Vice President and Buni on the next step by the party.

However, Buni, in a statement through his Director-General for Press and Media Affairs, Mamman Mohammed, insisted that the Ward Congresses would go ahead.

He pleaded with APC members nationwide to be peaceful during the congresses.

He asked members to “place the party and members interest above personal interests” and warned that the APC would “not hesitate to take decisive measures against anyone who deliberately sabotages the congresses.”

“We have come a long way repositioning the party. We have reconciled many groups and individuals. We must not allow personal interests in this election to divide us and draw us back,” he said.

Organise parallel congress, get sanctioned, CECPC warns

The Secretary of the Caretaker Committee, Senator John James Akpanudoedehe, in a similar warning, said the party would sanction any individual or group that holds a parallel congress.

Akpanudoedehe reminded all party members and stakeholders of the National Executive Council (NEC) resolution of 8th December 2020, which he claimed subsists and extends to the conduct of party members during the congresses.

He said: “For purposes of clarity, may I re-state the relevant point in the resolution to wit: All pending litigations instituted by members against the party should be withdrawn forthwith, and going forward, no member should institute matters against the party without exhausting the internal mechanism for conflict resolution as enshrined in the party’s constitution.

“Consequent upon the above, party members should please note that:

“(i) All activities that may be carried out by persons to put the party and its officers in a bad light before, during and after the congresses should be jettisoned.

“(ii) All activities or processes leading up to the congresses and thereafter which do not have the approval of the CECPC are exercises in futility. This is to say that: any purported; parallel congress, a parallel party organ, and or parallel party office, is, to say the least, a nullity.

“These divisive activities will not be tolerated.

“(iii) For the avoidance of doubt, the party shall deploy the full weight of the law as stipulated in section 21(D) of our party’s Constitution on anyone who perpetrates such unlawful Act(s) and also on their sponsors.

“All persons who are affected by Article 31 of our Constitution should apply for waivers as stipulated under sub. Section 3 of the said Article 31, is also clearly spelt out in the “Special provisions” of our guidelines.”

Also yesterday, member of the CECPC, Prof. Mamman Tahir, at a press conference at the party’s national secretariat, told newsmen of the resolve of the committee to go ahead with the exercise, having obtained the approval of the Attorney General of the Federation, Abubakar Malami.

He said the party relied on the office of the Attorney General of the Federation for guidance and it was convinced that the party was doing the right thing.

His words: “I am here to reconfirm that our Congresses are on course to hold tomorrow and this Committee is working closely with the Attorney-General of the Federation. And he has offered advice that we are on good ground and we are comfortable with that position. So our programmes will continue to roll on in the normal course of things.

“So we want to assure teeming members of the APC across the country to come out and elect officers at the ward level. This party believes so much in grassroots politics, grassroots democracy; that is the strength of the party.