APC- EXPULSION OF AGGRIEVED MEMBERS. A REVIEW OF PARTY CONSTITUTION
Aggrieved members no doubt have moved on, but it is pertinent to look into some of the issues raised which questioned the integrity and fairness of orders given by the NWC of APC.
The national working committee of All Progressive Congress on November 19th ordered the members of the party who filled cases against the party to withdraw the court cases or face sanctions which in accordance with the party constitution entails expulsion from the party.
The issue was however not welcomed by the aggrieved members who felt threatened by the resolution of the NWC.
President Mohammed Buhari however issued a statement on the matter through his Special Adviser on Media and Publicity Mr. Femi Adesina on Monday 26th November 2018. According to Femi Adesina, the president expressed his support for the aggrieved members who wished to approach the court.
The statement credited to Mr. President was welcomed by the aggrieved members while many others have questioned the authority of the president to issue the statement against the earlier stated directive by the NWC which is in accordance with the party constitution.
Many questions yet to be answered includes was the president issuing an order or was he articulating? If it is an order, does he have the right in accordance with the party’s constitution to give an order to the NWC? Is the NWC order in accordance with the constitution of the party?
With too many questions begging for answers. It is only the president that can tell if he was giving an order or mere articulation. He (the president) has the right to give a suggestion as a member of the party. An insight in the constitution does not recognize the post of THE National leader however he is a member of The Board Of Trustees as seen in article 12.2 (i) of the APC constitution which gives him the right as A serving president.
The article states that Past and serving Presidents and Vice Presidents of the Federal Republic of Nigeria who are members of the Party are automatically members of the Board of Trustees and article 13.2 (v and vi) of the APC constitution gives the board of trustees right to intervene in such cases.
Let’s see what the article says v. Promote reconciliation, encourage and facilitate the settlement of disputes in an amicable manner among members of the Party. vi. Ensure that peace and tranquility prevail in the Party and when necessary intervene to restore absolute peace. However the constitution gives rights to the Board in general and not a single member of the board.
Looking at the constitution it is clear that the NWC was actually on track article 13.4 of the APC constitution gives the NWC the power to run the party affairs it states that The National Working Committee shall be responsible for the Administration of the Party and putting into effect the decisions of the National Executive Committee. To that end, the National Working Committee shall carry out the day to day running of the affairs of the Party.
In defense of the expulsion of some party members, the committee acted in accordance with article 21.D (V)Of the APC constitution which states that Any member who files an action in court of law against the Party or any of its officers on any matter or matters relating to the discharge Of the duties of the Party without first exhausting the avenues for redress provided for in this 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 Court by the Member.
Suffice me to summarize by saying that the constitution of the federal Republic of Nigeria is superior to the constitution of any party and the constitution allows for fair hearing in any matter of alleged injustice however when you become a member of a political party you already swore to obey the constitution of the party crying foul when the constitution is used to judge could be seen as a high level of insincerity and lack of sportsmanship.
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