APC NEC Meeting: The Legality And The Pertinence
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ONWUASOANYA FCC JONES
Mr. Bulagama, one of the illegal contraptions created by the suspended national chairman of our great Party, Comrade Adams Oshiomhole, and willingly being puppetteereed by some dangerous dreamers within the Party, had earlier in the evening released a statement, obviously, on the prodding of his sponsors, in what should be a last gasp effort to put spanners on the very pertinent and long-overdue National Executive Committee meeting of our great Party.
In that letter, he disclaimed the upcoming National Executive Committee meeting which the President, who doubles as the national leader of the Party, has confirmed his attendance of. Bulagama hinged his opposition to the proposed meeting, on two main shaky and false grounds, viz;
1. That the Acting National Chairman, Victor Giadom is no longer a member of the NWC, hence, not the suitable person to convene such a meeting.
2. That by the Constitution of the Party, 14 days notice should have been given to those invited to the NEC meeting and in the case of an emergency NEC meeting, a seven days' notice was required by the Constitution.
The truth about these are;
1. The claim by Oshiomhole's Alleluia boys within the NWC of our great Party that Victor Giadom actually resigned as a member of the NWC before proceeding to contest as Deputy-Governorship candidate in Rivers State, has been convincingly disproven. Gaidom never resigned, rather the NWC granted him a waiver, which was communicated to him through a letter by the suspended national Chairman, Adams Oshiomhole. This waiver excused him from resigning his position before taking part in that election. After the election, the Director of Administration of the Party also wrote him a letter communicating him of the NWC's decision recalling him fully to his position. Oshiomhole's camp has not produced any evidence so far to counter these claims. The purported suspension by some Lagos contractors in Rivers APC led by one Aguma is baseless in law and off-track with the Constitution of our Party. He is also the only person in the Party, empowered by a valid court order to act as National Chairman of the Party and there is not yet a counter order from a court of higher jurisdiction.
2. The first notice for this present NEC meeting was issued in March, before it was put on hold, following a temporary reprieve given to Oshiomhole by the Court of Appeal. So, technically speaking, the notice for this NEC meeting is about three months or 90 days old. Therefore, it does not only meet the requirement in the area of number of days of notice, but passes it by many weeks.
The statement by Bulagama is weightless and non sequitur. This is because Bulagama, as long as our Party's Constitution is concerned is not an officer of the Party, but merely a member of the Party. Bulagama, Ajimobi, Lanre, and all others appointed by Oshiomhole purportedly after they were nominated by their States and zonal executive committees should have been arrested for impersonation. From Article One to 33 of our 2014 Constitution (As Amended) you will not see where such arrangement is mentioned. The only time an officer of the Party may be appointed to act, pending a ratification by the convention, is when such office became vacant as a result of vote of no confidence passed by at least two third of members of the organ where such an officer belonged. Even at that, such an officer will be in Acting capacity until a convention of the Party rectifies such appointment.
Anyone opposing a convocation of the NEC meeting at this time in our Party's history either does not like our Party or does not know what the powers enjoyed by the NEC of our Party. The only way to resolve these lingering crisis in our Party without falling foul of the law is by calling a NEC meeting where far-reaching decisions will be taken.
According to the APC Constitution, the NEC is the "PRINCIPAL" executive body of the Party and any decision taken by the NEC is binding on all organs and members of the Party, except the National Convention. The NEC is also empowered to;
"Exercise control and take disciplinary actions on all organs, officers and members of the Party and determine appeals brought before it by any member or organ of the Party."
The National Executive Council is actually the direct employer or superior of the National Working Committee, that is why for every power or function of the NWC, there must be a clause immediately following it, which requires that such action or function is subject to the approval of the NEC.
In reality, a number of offices within our Party's NWC are legally encumbered. These offices include; National Secretary, Deputy-Chairman, South, National Auditor and National Publicity Secretary. In fact, these offices are vacant as long as the Constitution of our Party is concerned. And given that INEC rules require that any communication to it must be signed by the National Chairman and National Secretary, it is practically impossible for the Party to carry out any serious business without getting itself into a tight legal situation that has the potentials to nullify nominations from our Party.
From the foregoing, the reader will easily appreciate that a NEC meeting is the only solution to the raging crisis in our dear Party and it would be disingenuous of any individual or group within the Party to continue to take any action aimed at either discrediting or disturbing this very timely meeting.
With the convocation of this National Executive Committee meeting, the Party can take the option of Doctrine of Necessity to either empower some officers within the NWC to take up the functions of the vacant offices or completely dissolve the NWC as presently constituted and in its stead set up a Caretaker Committee, which should within the shortest possible period put things in place for a mini-convention of the Party, where all the issues will be given final ratification and our Party shall continue moving again.
APC ..... PROGRESS!