More trouble seems to be coming the way of the National
Chairman, All Progressives Congress (APC), Chief John Odigie-Oyegun, as the
Lagos State branch of the party has kicked against the elongation of tenure of
the party's national and state executives, declaring it as unconstitutional
both for the party and Nigeria’s constitutions, reports ITRealms.
Rising from a Consultative Forum held at State House Marina,
Lagos and attended by party elders from across the state, the leaders said the
extension of the tenure of the party's National Chairman, Chief John
Odigie-Oyegun, and his executives by one year was against the spirit of the
country's APC’s constitutions.
Section 223 of the 1999 Constitution as amended provides for
periodical election on a democratic basis for principal officers and members of
the executive committee of political parties. According to the constitution,
election of the officers or members of the executive committee of a political
party will be deemed to be periodical if done at regular intervals not
exceeding four years.
Article 17 of the party’s constitution also provides for a
four-year tenure for its national and state executives, which is renewable for
another four years.
Lagos State Central Senatorial District Leader of the party,
Chief Tajudeen Olusi, spoke with journalists after the consultative forum.
He said: "We have taken reports of the state APC chairman
in respect of the NEC meeting held in Abuja. We have also had the privilege of
receiving great reports from our leader from the reconciliation committee.
“We have considered the issue of extension of tenure and we are
of the firm belief that the decision is a breach of the constitution of our
party and of the country. We are against the elongation of tenure.
We shall continue to make our decision known to the party and to
the president".
The tenure of Oyegun and its executives is due to expire in June
this year.
Section 223 of Nigeria’s 1999 Constitution, as amended,
specifically states that:
“(1)The Constitution and rules of a political party shall
(a) provide for the periodical election on a democratic basis of the
principal officers and members of the executive committee or other governing
body of the political party; and
(b) ensure that the members of the executive committee or other governing
body of the political party reflect the federal character of Nigeria
(2) For the purposes of this section –
(a) 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; and…”
In extending the tenure, the APC National Executive Committee
had relied on Article 13.3 (ii) of its constitution which states that The NEC
can discharge the functions of the convention in a period of emergency.
Article 13.3 (ii) of APC Constitution specifically states that the NEC of
the party is empowered to;
“Discharge all functions of the National Conventions as
constituted in between Conventions”.
But the provision in Article 13.3 (ii) is not limitless and
open-ended. It is a responsibility restricted by the same constitution, which
provides exclusively under Article 30 (i) that: “This Constitution and
Schedules hereto can be amended only by the National Convention of the
Party”.
The party’s constitution provides the processes for constitution
amendment.
Article 30 “(ii) Notice of any proposed amendment by any
member or organ of the Party shall be given to the National Secretary at least
twenty-one (21) days before the date of the National Convention. The
notice, which shall be in writing, shall contain a clear statement of the
proposed amendment and reasons thereof.
(iii) Notice of proposed amendment(s) shall be served on
the members of the National Convention at least fourteen (14) days before the
date of the meeting at which the proposed amendment is to be considered.
Publication of the notice of the proposed amendments in a National Newspaper
shall be deemed to be sufficient Notice.
(iv)The Constitution or any part thereof shall stand amended if a proposed
amendment is supported by at least two thirds of the delegates present and
voting.
(v) Where new positions and Offices are created as a result of the
amendment of this Constitution, the relevant Executive Committee shall until
the next Convention or Congress fill such positions and office in an interim
capacity.”
Ayo Midele/GEE
ITREALMS ... everything news digitally!
