8 ways APC Constitution was breached under Oshiomhole’s watch ||Ikenda Clinton Elechi

8 ways Constitution was breached under Oshiomhole’s watch

~by Ikenda Clinton Elechi @realsirice

•1. Appointment of NWC Members:
According to Article 13.1 (i) of the party constitution, the National Convention have the power to “Elect or Remove National Officers of the Party”

Note: In flagrant abuse of this clear provision, Oshiomhole-led NWC usurped the Powers of the Convention by appointing Mallam Lanre Issa-Onilu, Babatunde Ogala, Abiola & Waziri Bulama as National Publicity Secretary, Legal Adviser, Deputy National Chairman (South) & Ag.National Secretary respectively. Powers the NWC does not have

•2. Suspension of Deputy National Chairman (North)
Article 13.3 (v) of the provides:

The National Executive Committee (NEC) shall have the powers 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”

Note: As against that clear provision, HE, Oshiomhole-led NWC usurped the powers of the NEC when he suspended Senator Shuaibu as Deputy National Chairman (North) even though the said Officer is a high ranking member and member of NEC

•3. Proclamation of NWC as “Supreme Court”
The second part of Article 13.3 (v) provides that the National ExecutiveCommittee shall “determine appeals brought before it by any member or organ of the party”
Note: Contrary to the above provision, at the inauguration of the Edo Primaries Committee, HE Oshiomhole stated that “the Committee is just like the High Court, the Appeal Panel like the Appeal Court while the NWC is the Supreme Court, thereby automatically usurping powers of the NEC on matters relating to that Primaries when in actual fact, the NWC does not have powers of entertaining final appeals

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•4. Creation of Committees
13.3 (vi) provides that the National Executive Committee shall;
“Create, elect or appoint any Committee it may seem necessary, desirable or expedient and assign to them such powers and functions as it may seem fit and proper”

Note: As against the above, HE Oshiomhole appointed Committee for Edo Primaries thereby usurping the powers of NEC

•5. Decision on Mode of Edo Primaries:

Article 13.4(v) provides that the shall “Propose to the National Executive Committee, Party Electoral Regulations to govern the conduct of elections to all party offices at every level and to govern the procedure for selecting party Candidates for elective offices, subject to the provisions of this Constitution”

Note: As against this clear provision, instead of proposing to NEC for approval, HE, Oshiomhole unilaterally decided the Mode of Primaries for the Edo elections

  1. Constitution of Screening Committee

According to article 19 (iii): The Screening Committee “Shall be headed by a Chairman and shall comprise of 6 members that shall be be recommended by National Executive Committee and ratified by the Board of Trustees
The Committee shall be responsible for the screening of party aspirants for nomination or election into the following offices;
President, Vice President, Governor, Deputy Governors, Members of the National and State Houses of Assembly, National Officers of the party”

Note: Instead of complying with this provision, HE, Oshiomhole unilaterally constituted Screening Committee all but himself without the input of the NEC

•7. Article 21 (vi) listed “factionalization or creating or creating parallel party Organs” while article 21.D(v) listed filing an action in a Court of Law against the party or any of its Officers on any matters relating to the discharge of the duties of the party without first exhausting all avenues for redress provided in the constitution shall automatically stand expelled from the party on filing such action and no appeal against expulsion as stipulated in this clause shall be entertained until the withdrawal of the action from the Court by the member

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Note: The NWC under HE, Oshiomhole was clearly selective of who to discipline and who not to. For eg, while the likes of HE, Rochas Okorcha, Abdulaziz Yari, Obaseki, Iduariakwewhen etc were disciplined, it is noteworthy that party members in , including its current Caretaker Committee Chairman, Hon who took the party to Court and which prevented the party from fielding candidates in 2019 have not been disciplined

•8. Article 25: Meetings
B(i): The National ExecutiveCommittee shall meet every quarter and or any time decided by the National Chairman
(ii) Further provides that “Without prejudice to article 25(B)(i)of this constitution, the National Working Committee may summon an emergency National Executive Committee meeting at anytime”

Note: Despite these clear provisions, since the emergence of HE, Oshiomhole as National Chairman in July,2018 till his suspension few days, NEC meeting had only held twice in a space of two whole years. The twice it held is as a result of massive pressures

Disclaimer: This work is purely for educational purposes with a view to enriching democratic discourse and should not be reproduced without the writing consent of the author

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