The ruling All Progressives Congress (APC) has passed a vote of confidence on the leadership of the Governor Mai Mala Buni-led Caretaker/Extraordinary Convention Planning Committee (CECPC).
The legality of Buni’s leadership had been up for debate over the Supreme Court ruling on the 2020 governorship election in Ondo State which favoured Governor Rotimi Akeredolu.
After reviewing the judgment, the APC argued that the ruling on Ondo Governorship election has validated the leadership of Buni as the party’s acting chairman.
The ruling party argued that Buni’s position as acting chairman of the Committee is backed by the provision of Section 183 of the 1999 Constitution and article 17 (4) of the APC.
Recall that the PDP candidate in the election, Eyitayo Jegede, had approached the supreme court to upturn the decision of the appellate court and declare him and the PDP winner on grounds that Akeredolu was not validly nominated as candidate of the APC in the said election.
According to him, Buni, the acting National Chairman of the APC and the Yobe State Governor who forwarded Akeredolu’s name to the Independent National Electoral Commission (INEC) as candidate of the APC in the October 20, 2020 poll, was not eligible to do so under the law.
However, the suit was struck out by the apex court on the grounds that Jegede and PDP failed to join Buni in the matter at the preliminary stage.
A member of the CECPC, Prof. Tahir Mamman SAN, who made the party’s position known in a statement stated the appointment of Buni is on a temporary basis which is not akin to executive office or paid employment as envisaged by Section 183 of the 1999 Constitution.
The statement was titled “The legal position of the Caretaker/Extraordinary Convention Planning Committee of the APC vis a vis the judgment of the Supreme Court in Appeal No: SC/CV/448/2021 Jegede & another V. Independent National Electoral Commission & 3 others.”
It reads, “The law is and still remains that the provisions that govern sponsorship and nomination of candidates in an election are: Sections 31 and 87 of the Electoral Act, 2010 as amended.
“That there are no provisions in the Electoral Act prescribing any form for forwarding or submission of the sponsored candidate of a political party in an election.
“Sections 177 and 182 of the CFRN which make provisions for qualifications and disqualification of candidates for governorship election are exhaustive and leave no room for any addition.
“That no other Law/Act can be relied upon to disqualify a candidate in an election save for the provisions of Section 182 of the CFRN.
“That non-compliance with INEC directives (regulations, guidelines or manuals) for the purpose of election but which is not contrary to the provisions of the Electoral Act shall not of itself be a ground in an election petition.
“Paragraph 17 (a) of the First Supplementary to Regulations and Guidelines for the Conduct of Elections cannot be relied upon as ground to question the return of a candidate in an election.
“That sponsorship of a candidate in an election is that of the party and not the individual Officer of the party forwarding the name of the candidate.
“That the National Executive Committee (NEC) of the party is empowered to create, elect and appoint Committees (including the instant CECPC) or any other committee it may deem necessary to act in any capacity.
“On the strength of all the above position of the Supreme Court in the instant case and other earlier decided cases cited in support, it is our opinion that the Caretaker and Extraordinary Convention Planning Committee (CECPC) headed by Governor Mai Mala Buni is on firm ground to proceed with its mandate as given by the National Executive Committee of the APC.”
