Niyi Odebode, John Alechenu and Okere Alexander
President Muhammadu Buhari has advised members of the National Working Committee of the All Progressives Congress wishing to retain their positions or aspire for another to resign and re-contest in line with the party’s constitution.
Buhari, who gave the advice in his opening remarks during the 5th National Executive Council meeting of the APC in Abuja on Tuesday, opposed tenure elongation for the NWC members.
He faulted the earlier decision of the party’s NEC to grant one year extension to party executives at all levels, citing a breach of relevant sections of the party’s constitution, as well as the Constitution of the Federal Republic of Nigeria 1999 (as amended), as a reason for his action.
Buhari asked the party’s NEC to rescind its earlier decision so as not to give the opposition the grounds on which to reap from the crisis which is likely to result from the constitutional breaches.
The President told the gathering of party leaders that his position was informed by the legal advice he received from the Ministry of Justice.
He expressed the hope that the party’s NEC would resolve outstanding issues and reposition the party to face the challenges ahead.
Buhari said, “I think it is important for me to speak on the contentious issues of the tenure of our national and state executive officers.
“As we all know, a motion was moved in the last National Executive Committee meeting of February 27 to the effect that when the tenure of the current executives expires in June this year, they should be allowed to continue for one year.
“This motion was duly carried by the majority of members present at the last NEC meeting, even though some of our party members have since spoken up vehemently against it; others have even taken the matter to court.
“On my own part, I have taken time to review and seek advice on the resolution and what I found is that it contravenes both our party’s 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 proscribes periodic elections for party executives at regular intervals which must not exceed four years.
“Furthermore, Article 31 of our great party’s 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.
“In this circumstance, what is expected of us is to conduct fresh elections once the tenure of the current executives approaches its end.
“A caretaker committee cannot remedy this situation and cannot validly act in place of elected officers.
“Furthermore, I think if we deviate from the constitution and provisions, we might be endangering the fortunes of our party.
“If the tenure of our party executive can be legally faulted, then, it means any nomination and primary election that they will conduct can also be faulted.”Continue reading.
