On Thursday, March 17, 2020, Gov. Abubakar Sani Bello’s tendency in the All Progressives Congress APC Caretaker Extraordinary Convention Planning Committee announced the sack of the CECPC National Secretary, Senator John James Akpanudoedehe.

Relying on Article 27 (v & vi) of the party constitution, the Bello-led CECPC passed a no-confidence vote on the party scribe.

The said section of the constitution states; “Subject to ratification by the National Convention or Congress an Officer shall be relieved of his post at any time if a vote of ‘No Confidence’ is passed on him by two-thirds of members of the relevant Party organ.

“Pursuant to this Constitution, where a vote of ‘No Confidence’ has been passed on an Officer, the relevant Party organ shall appoint another person to act in his place pending ratification by the National Convention or Congress”.

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Spokesman of the Bello-led CECPC, Barr. Ismae’el Ahmed also told Vanguard that the notice for Akpanudoedehe’s sack was arrived at on March 8 by a majority of the members of the committee who passed a vote of no confidence on Senator Akpanudoedehe.

The said notice was signed by 10 of the 12 members of the committee including Senator Ken Nnamani, Governor Abubakar Sani Bello, Senator Yusuf Abubakar Yusuf, Prof Tahir Mamman, Senator Abba Alli, Chief David Lyon, Hon Akinremi Olaide, Mrs Stella Okotete, Barr Ismaeel Ahmed and Dr James Lalu. The other two members who did not sign were Gov. Buni and Sen. Akpanudoedehe himself who were not at the meeting.

Thereafter, on Thursday to be precise, Gov. Buni issued a statement affirming all actions of Gov. Bello while he (Buni) was away. He did not say whether his affirmation included the sack of Senator Akpanudoedehe.

There are however salient issues that may invalidate the said sack of the party scribe, even as the decision could put the March 26 national convention in jeopardy.

The first point is that the CECPC may not have the powers to sack any of its members, as a committee cannot sack its member. Only an organ of the party can do that, subject to ratification by the national convention.

The CECPC is an ad hoc committee, not an organ of the party. It is also not a standing committee.

The organs of the party are listed in the APC Constitution. The CECPC is not a National Working Committee NWC and so, may not be able to sack any of its members.

Article 12 of the APC constitution which deals with the “Composition of Party Organs”, listed the organs as the National Convention, National Working Committee NWC, National Caucus, Zonal Congress, Zonal Executive Committee, State Congress, State Executive Committee, State Caucus, State Working Committee and Senatorial District Committee.

Other organs according to the party constitution are the Local Government Area/Area Council Congress, Local Government Area/Area Council Caucus and the Board of Trustees BoT which will now be replaced by the National Advisory Council if the March 26 Convention ratifies the party’s now amended constitution.

So, not being an organ of the party, the CECPC may not be able to draw powers from Article 27 (v & vi) of the APC Constitution.

The CECPC is a creation of the National Executive Committee NEC, even as the National Chairman and Secretary were named by NEC.

For any party to ratify such a change through its NEC, the party would have to again issue a 21-day notice to the Independent National Electoral Commission INEC.

Section 82(1) of the Electoral Act 2022 (as amended) requires ‘at least 21 days’ notice for any convention, congress, conference, or meeting convened for the purpose of ‘merger’ and electing members of the executive committees, other governing bodies of political parties.

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Currently, only Buni and Akpanudoedehe are known to INEC as Chairman and Secretary respectively.

Sack, contrary to Buhari’s directives

The sack of the party scribe so runs contrary to the directive of President Muhammadu Buhari for all parties to the dispute to maintain the “status quo ante”.

Buhari had in a letter dated March 16 and addressed to the Chairman, Progressive Governors’ Forum PGF and Kebbi state Governor, Abubakar Atiku, said the APC is faced with a multiplicity of court cases pending against it in various courts across the country.

In addition, it has come to my attention that, because of recent events, and that as a result, it faces the possibility and prospect of the invalidation of all its activities and actions by INEC.

The letter was copied by the acting CECPC Chairman, Gov. Sani Bello, Secretary to the Government of the Federation SGF, Mr Boss Mustapha, Director General State Services, Yusuf Magaji Bichi and the Inspector General of Police, Usman Baba.

According to the president, “the party has demonstrated its inability to proceed with the issue of effecting change in the leadership of its Caretaker Extraordinary Convention Committee CECPC, in a way that is inclusive, legal and respectful of the time limit set and required for giving the INEC sufficient notice of the time and venue for holding its convention”.

He said apart from the development capable of leading to a possible nonrecognition of its activities, elections and the probable invalidation of all its other actions by INEC, it may ultimately even lead to its implosion and non-existence.

Asking the party to, as much as possible, avoid all controversies, litigation and all other necessary distractions and quickly get its acts together, the president directed this:

“First, the issue of the leadership of the Caretaker Extra Ordinary Convention Committee (CECPC), should immediately return to status quo ante;

“Second, all members of the Governors’ Forum and their followers should desist from any behaviour or utterance that will likely lead to disunity in the ranks of the party, and ultimately jeopardise the transition to the convention;

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“Third, the Mai Mala Buni-led CECPC should, accordingly, be allowed to proceed with all necessary preparations to hold the convention as planned— unfailingly, on 26th March, 2022”.

Ultimately, the gladiators in the ruling party may have to sit down and draw up a political solution to this crisis of leadership in a manner that may not be detrimental to its scheduled national convention.

VANGUARD