By Ajose Abejoye, Esq

INTRODUCTION

“A lawyer lives for the direction of his people and the advancement of the cause of his country”. The above quote belonged to the first indigenous Nigerian lawyer, Sapara Williams and was most quoted by the legendary Gani Fawehinmi, Senior Advocate of Nigeria and Senior Advocate of the Masses. This immortal quote energised me on the fresh morning of Thursday 4th July, 2024 when I published an article on the proprierty or otherwise of the dissolution, merger and or appointment of caretakers for the duly Executive Committees of the APC in both Yaba and Mainland LGAs. .

THE FACT

On or about the 9th of July, 2024, news spread that the apex leaders of the All Progressives Congress, hereinafter called the “APC” gave an incongrous directive that all the Ward and LGA Excos in both Yaba and Mainland should be dissolved whilst interim caretakers should take over the running of the APC. This convoluted directive was premised on an Acme, Ikeja meeting purportedly headed by the APC State Chairman. Ín response to the said State Chairman’s directive, I immediately published, gratis, a legal opinion to guide the APC and her leadership from falling into errors. The APC rather yielded my admonitions as contained in the publication, merely applauded the publication and ignored it’s message. Ín all thy getting, get knowledge, say the Holy Writ.

THE ISSUE.

Does the APC Constitution, or any law give the APC Chairman the right, power or authority to dissolve elected Party Excecutives in Yaba and Mainland and replace same with Caretaker Committee?

I hereby pronounce that such power does not accrue to the APC State Chairman. Such power ìs only excercisable by the National Working Committee, the NWC, on behalf and at the instance of the National Executive Committee, the NEC which is the Supreme Organ of APC, the Party.

Upon the publication of my article, many rejoinder followed it. My good, brilliant friend, Jeff Anyasi and others, penned their opinions but none could successfully contradict me or displace my position and postulatuons. Some even urged lawyers in the House to help expunge or expatiate my publication. Yet, nothing happened!

RELEVANT STATUTORY AUTHORITIES
I hereby say that under *Sections 222, 223 of the 1999 Constitution (as altered), and particularly, Article 13(4)(xvi) of the APC Constitution, 2014 (as amended), only the National Working Committee , NWC, of the party at the instance of the National Executive Committee (NEC), can dissolve duly elected Ward and LGA elected Committees in Yaba and Mainland. The NWC can also replace same with hand-picked Caretaker Committees in whatever form, nature or guise. Except the NWC, nobody can do anything, tamper or alter, the excos.

In addition, the NEC under Article 13 (3) IV of the APC Constitution “shall be responsible for the Administration of the Party”. “And the National Working Committee at the instance of the National Executive Committee
shall carry out the day-to-day running of the affairs of the Party. The NWC shall in particular:
(xvi) liaise with governments formed by the Party at all levels
with a view to ensuring that members of the Party are accorded priority in appointments into
public offices, and shall provide periodic reports in this regard to the National Executive
Committee”.

COURT JUDGMENT
This type of situation had happened in 2017 in the Peoples Democratic Party, the PDP. The matter went up to the Supreme Court. I will further proceed quam celerrime to share with you the extant, current decision of the Supreme Court of Nigeria on the matter which is now the Law.

The Supreme Court while interpreting Article 33(3) of PDP Constitution (2012) in the celebrated case of SENATOR ALLI MODU SHERRIF v. PDP. The Article 33 of the PDP Constitution has similar provisions with Article 13 (3) IV of the APC Constitution. The Supreme Court held that Article 33 of the PDP Constitution only granted to the National Convention of the PDP the power to appoint a caretaker. The apex Court held that any other organ or person who dissolve and or appoint Caretaker Committee to displace elected Party Excecutives act unlawfully.

Therefore, the purported hand picking of caretakers for the APC last Tuesday at various wards across Yaba and Mainland was a gross illegality that will fail, and complete waste of time and bodies of either ignorant or frightened party members.

CONCLUSION
I will continue to intervene as God and time permit me. I am not a politician, I am not partisan. I am moving in the spirit of Sapara Williams!

Thank you all, again .

Yours most sincerely,
Signed.
Ajose Abejoye, Esq.
Olóró’gun Courts, Lagos.
Thursday,11 July, 2024.