By Ayo Kehinde
Buhari with Saraki, VP Osinbajo at another function., recently
President Muhammad Buhari, Tuesday voided the tenure elongation granted the National Working Committee officials by the National Executive Committee of the All Peoples Congress, APC, under controversial circumstances in February.
Speaking at the opening ceremony of the ongoing- party’s 5th NEC meeting at the national secretariat in Abuja, Buhari said he sort the views of the Minister of Justice and Attorney General of the Federation, Abubakar Malami in arriving at the decision.
He said the party Constitution, Article 17 Section is very clear on tenure and election of officers as well as that of the country’s Constitution, which compel officers to present themselves for re-election.
He said that because of the recent controversy over the tenure elongation, the party was being derided by the opposition and members were feeling alienated.
“This motion was duly carried by a majority of members present at the last NEC Meeting, even though some of our party members have since spoken up very vehemently against it. Others have even taken the matter to court.
“I have taken some time to review and seek advice on the resolution. And what I found is that it contravenes both our party Constitution and the Constitution of the Federal Republic of Nigeria
“While the APC Constitution, in Article 17(1) and 13.2(B), limits the tenure of elected officers to four years, renewable once by another election, the 1999 Constitution of Nigeria (as amended), in section 223, also prescribes periodic elections for party executives at regular intervals, which must not exceed four years.
“Furthermore, Article 31 of our Party Constitution provides that any principal officer wishing to re-contest or contest for another post, must resign from his current post at least one month before the election
“ A Caretaker Committee cannot remedy this situation, and cannot validly act in place of elected officers.
“Furthermore, I think if we deviate from the constitutional provisions, we might be endangering the fortunes of our party. If the tenure of our party executives can be legally faulted, then it means that any nominations and primary elections that they may conduct, can also be faulted.
“This is not to talk of divisions that would arise, and is already arising within the party, when some of our members feel that they are being denied the right to aspire to executive positions, or that internal democracy is not at play within the party.
“I am therefore of the firm view that it is better to follow strictly the dictates of our party and national constitutions, rather than put APC and its activities at grave risk.’’
“ I think these should be allowed to go forward and all efforts should now be geared towards making them a great success.’’
In the party’s Constitution, Section 223(1) and Section 223(2). Section 223(1) , states that the constitution and rules of a political party “shall provide for a periodical election on a democratic basis of the principal officers and members of the executive committee or other governing body of the political party…”
Section 223(2) further states: “The election of the officers or members of the executive committee of a political party shall be deemed to be periodical only if it is made at regular intervals not exceeding four years.”
