The Senate Deputy President, Ovie Omo-Agege has declared that the recent Supreme Court judgment in the Ondo State governorship election has no effect on the Buni-led caretaker committee of the All Progressives Congress (APC).
Omo-Agege in his view held that the Yobe State Governor, Mai Mala Buni can remain as the chairman of the APC National Caretaker committee.
Naija News recalls shortly after the Supreme Court ruling on Wednesday which gave victory to Rotimi Akeredolu as the duly elected Governor of Ondo State, the Peoples Democratic Party (PDP) called attention to the minority ruling on the case which noted that Buni should not have presided over the process which produced Akeredolu as the candidate of the APC.
The opposition party charged Buni to resign his position immediately.
Similarly, the Minister of State for Labour and Employment, who is also a chieftain of the APC, Festus Keyamo (SAN) called on the Chairman of the Caretaker Committee of the All Progressives Congress (APC), Governor Mai Mala Buni to resign immediately to save the party from disgrace.
However, amidst the various opinions on the matter, Omo-Agege, a lawyer and another APC chieftain via a Facebook post on Thursday said the Buni can remain in office contrary to other positions as the judgement of the apex court is of no effect on the party’s caretaker committee.
He said: “Mischief makers for obviously nefarious intentions, resort to misinterpret the said judgment vis-a-vis the purport of section 183 of the 1999 Constitution (as amended), as it affects the APC congresses scheduled for Saturday.”
According to him, that section of the constitution “only bars a governor from holding executive positions like being a minister, or any other executive positions for which he shall be paid for”.
“It does not by any scintilla of imagination, render the appointment of governor Buni as APC caretaker committee chairman incompetent and will not in any way, affect the legality or competence of the APC scheduled congresses,” he said.
He added that the majority decision of the supreme court did not make any comments on the position or competence of Buni as the chairman of the APC caretaker committee.
“The appeal was dismissed on the ground of competence or lack thereof for the non-joinder of a necessary party to the suit at the lower court,” Omo-Agege said.
“Even if the apex court had considered the provisions of Section 183 of the 1999 Constitution, the majority panel would still have dismissed the appeal.”
He argued that Buni’s position can be compared to that of Kayode Fayemi, Ekiti governor, who is the chairman of the Nigeria Governors’ Forum.
In his words, “Can it be said that a state governor who is the chairman of the governors’ forum of Nigeria is occupying an “executive office”? Can it also be argued that the president cannot be appointed as the chairman of the Africa Union?”
“It is important at this point to restate the fact, that the caretaker committee was duly constituted by the NEC of the party and given a specific mandate to put necessary measures in place to conduct a seamless elective national convention.
“There is no law under our legal jurisprudence that bars or prohibits a governor who is a member of a political party and won elections under the political party from carrying out specific assignments on behalf of his party. How this will amount to holding an executive office is beyond every stretch of human comprehension.”
Source: Naija News