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Legal Opinion On Ondo S/Court Judgment On APC

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Delta APC

Yesterday, Wednesday 28th, July, 2021, the Supreme Court delivered its judgment dismissing the appeal initiated by Eyitayo Jegede against the election of Governor Rotimi Akeredolu. Surprisingly, mischief-makers for obviously nefarious intentions, resulted to misinterpreting the said judgment vis-a-vis the purport of section 183 of the 1999 Constitution (as amended), as it affects the APC Congresses scheduled for Saturday.

Without much ado, it is important to state, that the majority decision of the Supreme Court in Jegede’s case, emphatically dismissed the Appeal and did not consider the issue of the provisions of Section 183 of the 1999 Constitution, neither did the majority decision made any comments on the competence of Gov. Mai Mala Bumi as the Chairman of the APC Caretaker Committee, as the appeal was dismissed on other ground of competence of the Appeal for non-joinder of a necessary party to the suit at the lower court.

It is accordingly mischievous and primitive; to attempt to misinform the reading public of what was not the ratio decidendi of the judgment of court. Even if the apex Court had considered the provisions of Section 183 of the 1999 Constitution, the majority decision would still have dismissed the appeal.

Having established the above point, I shall proceed to clear the gross misconception of the provisions of section 183 of the 1999 Constitution.

The sole question that begs for consideration is, whether the appointment of Gov. Mai Mala Bumi as the APC Caretaker Committee Chairman offends the provisions of Section 183 of the 1999 Constitution (as amended)?

In answering the above question, it is pertinent to reproduce the provisions of Section 183 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) as follows:

“The governor shall not, during the period when he holds office, hold any other executive office or paid employment in any capacity whatsoever

In view of the foregoing constitutional provisions, the question becomes: Is the appointment of a Governor to Chair a Caretaker Committee of his political party, same not being an ‘Executive Office’ in respect of which he is to be paid remuneration, incompetent? Can it be said that the Governor of a State who is the Chairman of the Governors Forum of Nigeria is occupying an “Executive office”?  Can it also be argued that the President cannot be appointed as the Chairman of Africa Union?

From the explicit provision of Section 183 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), it is absolutely impossible and untenable to argue or tend to argue that the provisions of Section 183 bar a Governor from being a Chairman or member of a Caretaker Committee set up by his or her political party. More so, the position of the Chairman of a Caretaker Committee cannot by any sense of imagination, logic, or simple common sense be classified as being a salaried Executive office.

It is important at this point to restate the fact, that the Caretaker Committee was duly constituted by the NEC of the party and given a specific mandate to put necessary measures in place to conduct a seamless elective National Convention.

I am however, not aware of any law under our legal jurisprudence that bars or prohibits a Governor who is a member of a political party and won elections under the political party from carrying out specific assignments on-behalf of his party. How this will amount to holding an Executive office is beyond every stretch of my human comprehension.

In the light of the foregoing exposition, it is my humble and firm opinion, that Section 183 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) only bars a Governor from holding Executive positions like being a Minister, or any other executive positions for which he shall be paid for. It does not by any scintilla of imagination, renders the appointment of Governor Bumi as APC Caretaker Committee Chairman incompetent and will not in anyways, affect the legality or competence of the APC scheduled Congresses.

Thanks. 

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