ELECTION LAW BULLETIN
The 4 over 3 narrow escape of Governor Akeredolu in Supreme Court and impending near death of APC– P. D. Pius

It is no longer news that the Supreme Court by a narrow split decision of 4 Justices against 3 decided to save Governor Akeredolu’s seat.

In simple terms the law Lords decided that Governor Akeredolu cannot be removed as Governor of Ondo State. The linchpin of the case is that the current Chairman of APC who doubles as Governor of Yobe State is not allowed by the Constitution to hold such two offices. It is unconstitutional. Thus, an unconstitutional Chairmanship cannot produce any valid product or valid nomination of Governor Akeredolu as candidate of APC in Ondo election. This is based on section 183 of the Constitution of Federal Republic of Nigeria.

The little technical point that saved Gov AKEREDOLU was that Jegede failed to join GOV. Mai Mala Buni in the suit. It was a narrow escape. It was very slim. As slim as the skin of teeth. It may never ever be so in next elections or APC party activities for obvious reasons.

The lame argument that Mai Mala Buni cannot be joined in subsequent suits because he has immunity is the biggest joke I have ever heard. The law permits that Governor can be sued in certain circumstances. This is one of them. We have a whole opinion on this.

The competence and validity of all actions, decisions and activities carried out by APC through the Buni-led CECPC to organise the Congresses and National Convention and future elections now hangs on the balance. In a hausa slang any small “kiris” will squeeze life out of APC and it shall be no more totally loosing out in the whole country as it did in Zamfara before the rebirth of Governor Matawalle. The simple legal principle is that an illegal and unconstitutional party structure cannot produce or give birth to a legal or valid nomination. It is like a goat cannot give birth to lion.

I see many court cases in the offing if APC does not look itself in the mirror to redress itself before the horse bolts out.

Law to Remember
You cannot put something on nothing and expect it to stand. UAC vs MCFOY

P. D. Pius, Esq
Abuja, Nigeria
[email protected]

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