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Supreme Court Affirms The Legality Of The Caretaker Committee – Prof. Mamman SAN

The ruling All Progressives Congress (APC) has said that the Supreme Court judgment affirmed the legality of the Caretaker/Extraordinary Convention Planning Committee (CECPC), of the party.

Speaking to News Men during a press conference, Prof Tahir Mamman, SAN, member Caretaker/Extraordinary Convention Planning Committee (CECPC), said The court stated that the NEC under Art. 13 (3) IV of the APC constitution has power to create, elect and appoint a committee and endow it with powers and functions.

The constitution according to Tahir said “On the status of the Acting National Chairman, His Excellency, Mai Mala Buni, the Supreme Court held that he was appointed only in acting capacity, on temporary basis to carry out and fill in the seat of the National Chairman, pending the election of new officers.

“The apex court also held that Mai Mala Buni’s position as Acting Chairman of the Caretaker and Extraordinary Convention Planning Committee is not contrary to the provision of Section 183 of the CFRN because the appointment, ad-hoc, is on a temporary basis which is not akin to Executive office or paid employment as envisaged by Section 183 of the CFRN.”

“A registered political party being a voluntary organization, the question of who should hold offices in it, whether it can appoint its members to hold office in acting capacity or authorize a member to exercise the powers of an office and whether it has violated its own constitution by appointing a member to hold a particular office in it or discharge the functions of that office, cannot be entertained by any court.

Furthermore, upon consideration of the full judgment of the Supreme Court, the apex court held that “the law is and still remain 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.

He further said that there are no provisions in the Electoral Act prescribing any form for forwarding or submission of 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.

The constitution according to him said 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.”

He call on all APC members who have sued the party to withdraw their cases and use the mechanism of reconciliation to address their grievances and
focus on the upcoming Congresses, ensure unity and harmony in the party.

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