* Party: no such plot
Rather than go away, tenure elongation is still haunting the All
Progressives Congress (APC).
Some of its members yesterday cried out over the content of a
memo presented to the National Executive Committee (NEC) meeting on
Monday by Chairman John Odigie-Oyegun.
They claimed that a portion of the memo was aimed at achieving
tenure extension through the backdoor.
But the party leadership denied having any hidden plan to extend
its tenure.
The NEC rejected tenure elongation for Oyegun and other members
of the National Working Committee (NWC).
It, however, granted them waivers to recontest at the party’s
congresses and convention for which no dates have been fixed.
President Muhammadu Buhari was at the NEC meeting to, according
to him, “nail the coffin of tenure elongation and also declare my
re-election bid”.
But in his memo, Oyegun said the Simon Lalong Technical
Committee recommended, among others, that: “if for reasons of
inability to fulfil constitutional and or legal conditions
requisite for the conduct of a valid elective congress or
convention, then, the party may as a last resort leverage on the
NEC resolution of February 27, 2018, which in our view is lawful in
the circumstances.” The NEC, on February 27, approved tenure
extension for Oyegun and his team, but reversed itself following
the President’s intervention on March 27.
Referring to the committee’s report, Oyegun insisted that the
February 27 decision of NEC neither violated APC constitution nor
the 1999 Constitution.
Sources said yesterday that the adopted memo may “trigger
problems”, especially if the proposed congresses and convention are
not held.
“I suspect a plot to frustrate and subvert the congresses and
convention, especially since waivers have been given to the NEC to
supervise the exercise and recontest in the intra-party elections.
There may be no commitment to successful congresses and convention.
The exercise can be programmed to fail to achieve tenure elongation
through the backdoor.”
Other recommendations approved by the NEC include a 21 days
statutory notice for the holding of elective congresses and
convention to be given to the Independent National Electoral
Commission (INEC) immediately; the current zoning formula for party
offices be retained; requirements of Article 31 (111) be waived in
line with the provisions of Article 13.4 (xv) to avoid disruptions
in the management of party affairs at all levels; and all pending
suits in respect of this matter be withdrawn.
Oyegun recalled that on February 27, the NEC voted to authorise
all elected officials to continue in acting capacities for a period
not exceeding 12 months after the expiration of their tenure.
He said the President observed that the NEC’s decision might
have contravened the party constitution and the 1999
Constitution.
The chairman noted that, following the President’s observation,
the NEC authorised him to set up the Lalong committee to advise the
party on the way forward.
The 10-man committee, he said, was mandated to examine the
President’s position and recommendations.
Oyegun said the committee affirmed the “constitutionality and
legality of the NEC Resolution of February 27” and the “need for
elective congresses and convention.”
Quoting the committee’s report, Oyegun said: “After citing
relevant statutes and authorities, the committee concluded that the
decision taken by the NEC at its meeting of February 27 did not
violate either the constitution of the party and that of the
federation.
“In essence, APC is competent through its relevant organs, to
constitute caretaker committees to run the affairs of the party
upon the expiration of the tenure of its elected party officials
where, for some reasons, it is impracticable to hold elections
before the requisite effluxion of time.
“The committee is of the view that it is the requirement of the
constitution that the party should hold democratic congresses and
convention every four years. The issue however, is whether or not
this requirement accommodates certain exigencies or circumstances
that might prevent or make the holding of the congresses and
convention impracticable.”
Oyegun said the Lalong committee recommended as follows: “That
although the decision taken by NEC on February 27 is legal and
constitutional, and violated neither the party constitution nor
that of the federation, it is still in the best interest of the
party to conduct congresses and convention.
“However, in doing so, all reasonable measures should be taken
to minimise opportunity for acrimony or rancour while ensuring that
all prescribed constitutional and legal conditions are met.”
Dispelling fears of the NWC extending its tenure, APC spokesman
Bolaji Abdullahi said the party was already preparing for its
congresses and convention.
He described the NEC’s decisions as a stop gap measure, pointing
out that there is nothing constitutional about them. Abdullahi
dismissed insinuations that the party leadership may leverage on
that not to hold congresses and convention.
He said: “I can assure you that we are preparing for congresses
and convention. The congresses and convention will hold and so,
there is nothing like anybody leveraging on that to ensure that
congresses do not hold so that some people will remain in
office”.
Culled TheNation
* Party: no such plot
Rather than go away, tenure elongation is still haunting the All
Progressives Congress (APC).
Some of its members yesterday cried out over the content of a
memo presented to the National Executive Committee (NEC) meeting on
Monday by Chairman John Odigie-Oyegun.
They claimed that a portion of the memo was aimed at achieving
tenure extension through the backdoor.
But the party leadership denied having any hidden plan to extend
its tenure.
The NEC rejected tenure elongation for Oyegun and other members
of the National Working Committee (NWC).
It, however, granted them waivers to recontest at the party’s
congresses and convention for which no dates have been fixed.
President Muhammadu Buhari was at the NEC meeting to, according
to him, “nail the coffin of tenure elongation and also declare my
re-election bid”.
But in his memo, Oyegun said the Simon Lalong Technical
Committee recommended, among others, that: “if for reasons of
inability to fulfil constitutional and or legal conditions
requisite for the conduct of a valid elective congress or
convention, then, the party may as a last resort leverage on the
NEC resolution of February 27, 2018, which in our view is lawful in
the circumstances.” The NEC, on February 27, approved tenure
extension for Oyegun and his team, but reversed itself following
the President’s intervention on March 27.
Referring to the committee’s report, Oyegun insisted that the
February 27 decision of NEC neither violated APC constitution nor
the 1999 Constitution.
Sources said yesterday that the adopted memo may “trigger
problems”, especially if the proposed congresses and convention are
not held.
“I suspect a plot to frustrate and subvert the congresses and
convention, especially since waivers have been given to the NEC to
supervise the exercise and recontest in the intra-party elections.
There may be no commitment to successful congresses and convention.
The exercise can be programmed to fail to achieve tenure elongation
through the backdoor.”
Other recommendations approved by the NEC include a 21 days
statutory notice for the holding of elective congresses and
convention to be given to the Independent National Electoral
Commission (INEC) immediately; the current zoning formula for party
offices be retained; requirements of Article 31 (111) be waived in
line with the provisions of Article 13.4 (xv) to avoid disruptions
in the management of party affairs at all levels; and all pending
suits in respect of this matter be withdrawn.
Oyegun recalled that on February 27, the NEC voted to authorise
all elected officials to continue in acting capacities for a period
not exceeding 12 months after the expiration of their tenure.
He said the President observed that the NEC’s decision might
have contravened the party constitution and the 1999
Constitution.
The chairman noted that, following the President’s observation,
the NEC authorised him to set up the Lalong committee to advise the
party on the way forward.
The 10-man committee, he said, was mandated to examine the
President’s position and recommendations.
Oyegun said the committee affirmed the “constitutionality and
legality of the NEC Resolution of February 27” and the “need for
elective congresses and convention.”
Quoting the committee’s report, Oyegun said: “After citing
relevant statutes and authorities, the committee concluded that the
decision taken by the NEC at its meeting of February 27 did not
violate either the constitution of the party and that of the
federation.
“In essence, APC is competent through its relevant organs, to
constitute caretaker committees to run the affairs of the party
upon the expiration of the tenure of its elected party officials
where, for some reasons, it is impracticable to hold elections
before the requisite effluxion of time.
“The committee is of the view that it is the requirement of the
constitution that the party should hold democratic congresses and
convention every four years. The issue however, is whether or not
this requirement accommodates certain exigencies or circumstances
that might prevent or make the holding of the congresses and
convention impracticable.”
Oyegun said the Lalong committee recommended as follows: “That
although the decision taken by NEC on February 27 is legal and
constitutional, and violated neither the party constitution nor
that of the federation, it is still in the best interest of the
party to conduct congresses and convention.
“However, in doing so, all reasonable measures should be taken
to minimise opportunity for acrimony or rancour while ensuring that
all prescribed constitutional and legal conditions are met.”
Dispelling fears of the NWC extending its tenure, APC spokesman
Bolaji Abdullahi said the party was already preparing for its
congresses and convention.
He described the NEC’s decisions as a stop gap measure, pointing
out that there is nothing constitutional about them. Abdullahi
dismissed insinuations that the party leadership may leverage on
that not to hold congresses and convention.
He said: “I can assure you that we are preparing for congresses
and convention. The congresses and convention will hold and so,
there is nothing like anybody leveraging on that to ensure that
congresses do not hold so that some people will remain in
office”.
Culled TheNation
Read more https://nairalaw.com/oyeguns-hidden-agenda-on-tenure-extension/