The All Progressives Congress, APC, is gripped in fresh crises that if not properly resolved may affect the chances of the party in the 2019 general elections.
One of the crises deepened Monday after Mr. Adebayo Shittu, the Minister of Communications, took the party to court over his elimination from the party’s governorship primaries in Oyo State.
In another development, the party was also slammed with another court case arising from the decision to appoint Mallam Lanre Issa-Onilu as the substantive National Publicity Secretary.
In another dimension, the Comrade Adams Oshiomhole-led leadership was forced to intervene in the crisis in the North East Zone of the party when it nullified the suspension of the party’s national vice-chairman, North East, Comrade Mustapha Salihu. The suspension had earlier been carried out by the zonal committee.
Mr. Adebayo’s decision to go to court followed the decision of the National Working Committee, NWC, to bar him from contesting Oyo State governorship primaries on the claim that he does not have a National Youth Service Corps, NYSC, discharge or exemption certificate.
The decision followed the traction on the polity over the forged NYSC exemption certificate presented by the erstwhile minister of finance, Mrs. Kemi Adeosun.
Shittu, one of the ministers to have kick-started the second term lobby for President Muhammadu Buhari as far back as 2017, has, however, taken the party to court to protest his elimination from the primary contest.
According to NAN, Shittu in the originating summons argued that it was wrong for APC to disqualify him for not presenting the certificate.
The minister said participation in the NYSC scheme was not a condition precedent to be satisfied before he was appointed a minister.
Shittu is asking the court to determine “whether by the provision of Section 2(1) of the National Youth Service Corps Decree No. 24 of 1973 and/or any other provision of the Decree being the law in force as at 1978 when the Plaintiff graduated at the University of Ile-Ife (now Obafemi Awolowo University, Ile-Ife) he was under any legal obligation to have warranted the plaintiff’s participation in the National Youth Service Corps in the absence of a call-up instrument duly served on the Plaintiff by the National Youth Service Corps.
“Whether, by the combined reading of sections 176-183 of the constitution of the federal republic of Nigeria [as Amended] and Article 20(iii) & (iv) of the Constitution of the All Progressive Congress; it is a condition that the gubernatorial aspirant of the 1st Defendant (APC) and/or any political party for that matter in Nigeria must present the National Youth Service Corps Discharge/Exemption Certificate;
”Whether it is ultra vires the powers of the 1st defendant to have disqualified the plaintiff from participating in its primary election for nomination of the governorship candidate of the 1st defendant in Oyo State for the 2019 General Election on the ground that the plaintiff does not possess National Youth Service Corps Discharge/Exemption Certificate;
”Whether it does not amount to denial of fair hearing as enshrined in section 36(1) of the 1999 constitution of as amended for the 1st defendant to have purportedly disqualified the plaintiff from contesting for governorship election in Oys state under the platform of the 1st defendant without availing the Plaintiff an opportunity to be heard on the allegations that the plaintiff avoided the National Youth Service Scheme; and
”Whether by the combined reading of the provisions of Sections 147(5), 65(1)(b) & (2), 66 (1) of the 1999 Constitution (as amended) and Section 12 of the National Youth Service Corps Act, Cap N84 laws of the federation of Nigeria 2004, the plaintiff was qualified to have been appointed as a Minister capable of holding the office, and/or any other governmental office at any level notwithstanding the fact that he did not participate in the National Youth Service Corps scheme.”
In an affidavit, he personally swore to and filed by A.U. Mustapha, his counsel, Shittu said there was no “call-up instrument” served on him when he graduated.
“I was liable but not obligated to have participated in the National Youth Service Corps Scheme both at the time I graduated from the said University and as at the time I was called to the Nigerian bar,” the affidavit read.
“I know as a fact that I was also not served any notice or notified in any manner to proceed to participate in the National Youth Service Corps scheme.
“I know as a fact that participation in the National Youth Service Corps programme is not one of the requirements to be satisfied under the 1st defendant’s constitution to enable me participate in the primary election for Nominating the party flag bearer for the office of governor of Oyo state in the 2019 general election. A copy of the Constitution of the 1st Defendant is hereby attached and marked as ‘Exhibit SHITTU 8’.
“I also know as a fact that under the Constitution of the Federal Republic of Nigeria, 1999 (as amended) it is not a requirement for me to have participated in National Youth Service Corps Scheme to be eligible for participation in the 1st Defendant’s primary election for Nomination of its flag bearer in Oyo State for the 2019 General election.
“I know also as a fact that the Electoral Act 2010 [as amended] did not make participation in the National Youth Service Corps Scheme a condition precedent for contesting any elective office whatsoever. I know also that participation in NYSC Scheme is not one of the requirements to enable me take part in primary election for nomination of the 1st defendant’s flag bearer for the office of governor of Oyo state in the 2019 General election.”
In another court case filed against the party, an aspirant to the office of the National Publicity Secretary in the June 23 National Convention, Abubakar Siddiq Usman has sued the National Working Committee NWC of the party over its decision to endorse Issa-Onilu as the new spokesperson of the party.
In the case filed at the Federal High Court in Abuja, Usman is praying the court to declare him as National Publicity Secretary of the party having come second, after Mallam Bolaji Abdullahi in the contest. Abdullahi had recently defected to the Peoples Democratic Party, PDP leaving his deputy, Yekini Nabena to step in as acting spokesperson.
Joined in the case as defendants are Mr. Onilu and the Independent National Electoral Commission, INEC.
The NWC on Friday appointed Mr. Onilu who came third in the race upon the claim that he is from the same Kwara State where Abdullahi who won the election comes from. Besides, Usman comes from Kogi State which also produced the National Woman Leader, Hajia Salamatu Baiwa.
Meanwhile, the NWC on Monday nullified the suspension of one of its members, Comrade Mustapha Salihu by the North East zonal executive of the party.
New party spokesman, Mallam Issa-Onilu in a statement declared that the zonal chapter does not possess the powers to suspend Mr. Salihu who is the National Vice Chairman for the zone.
“Our attention has been drawn to the purported suspension of the All Progressives Congress APC National Vice Chairman, North East, Comrade Mustapha Salihu by the ‘North East Zonal Office.’
“We state categorically that the purported suspension is a nullity as the ‘North East Zonal Office’ does not have such powers to suspend a National Officer. According to the Party’s constitution, such powers reside with the National Executive Committee, NEC.
“Whatever issues there might be, the party structure and constitution provide ample avenues for redress and dispute resolution.
“If the ‘North East Zonal Office’ is unable to achieve a resolution, the National Working Committee NWC can and will wade in the matter to achieve amicable settlement,” the national leadership stated.
The zonal executive had last week announced the suspension of Mr. Salihu.
The resolution was signed by the Zonal Secretary, Abubakar Sadiq Anita, Youth leader Kasimu Bello Maigari, Ex- officio, Mamman Isah, Women leader, Amina Manga and Organizing Secretary, Shaibu Abdul Rahman Adam.
They said his offence bordered on his failure to summon meetings as and when due, contrary to Article 25(D) (1). They also alleged fraudulent handling of official documents and disharmony among members, contrary to Article 21A of the party.
Salihu had in the days leading to the primaries of the party vehemently opposed the decision of the national leadership to impose direct primaries on their state chapters.
