The All Progressives Congress (APC), is undoubtedly the party to beat in the forthcoming 2023 general elections in Nigeria. It should be recalled that since the party came into power in 2015, it has continued to grow from strength to strength, particularly with members of the opposition parties joining its ranks. In recent times, we have equally seen the APC begin to make moves, to extend its control of the federal government beyond 2023....CONTINUE READING THE FULL ARTICLE>>>

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Despite the power and influence of the party, and the likelihood that it would win many elective offices in 2023, there are chances that the APC could be disqualified at all levels after the 2023 general elections. To many Nigerians, this may appear to be impossible. However, a critical look at the Supreme Court’s judgement on the 2020 Ondo state governorship election, points to the direction that the APC may have neglected a very critical issue that almost cost the party, the Ondo state governorship position.

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It should be recalled that in a petition filed by the Peoples Democratic Party (PDP) candidate, Eyitayo Jegede (SAN), challenging the validity of Governor Akeredolu’s nomination form which was endorsed by a sitting Governor, who also doubles as the National Caretaker Committee Chairman of the APC, the 7 man panel of the Supreme Court unanimously agreed that a Governor cannot serve as a party chairman. The panel in a split of 4/3, however, failed to nullify Governor Akeredolu’s election.

According to the Vanguard Newspaper, the reason for not disqualifying the APC candidate was based on technicalities, as the PDP legal team, did not join the APC Caretaker Committee Chairman, Mai Mala Buni, who is also the incumbent Governor of Yobe state, as a party to the suit. The judgement may have gone in favour of the APC. However, it has also created a room that could be explored by opposition parties, to take the APC out of the way in 2023, no matter the results from the polls.

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Major reason why the APC could be disqualified at all levels after the 2023 general elections.

Arguably, many people had expected to see the APC, remove the Governor that doubles as its Caretaker Committee Chairman, and appoint someone who is not holding any political office as its National Caretaker Committee Chairman, before going ahead with its congresses, and National Convention. However, the party neglected the implications of having an elected Governor as its chairman, and went ahead to convene congresses. The party equally allowed the same elected Governor, to convene its forthcoming National Convention.

The implication of this is that members of the opposition party could take advantage of this, and approach the court to challenge the validity of APC’s congresses, and National Convention that were convened by Mai Mala Buni. Going by the rulings of the Supreme Court on the 2020 Ondo state governorship election suit, actions carried out by the APC Caretaker Committee Chairman, could be invalidated by the Court. This is based on the ground that the law does not permit a sitting Governor to hold any other position.

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With this, the APC congresses, and National Convention, could also be nullified by the court. The implication of this is that the party’s failure to organize a valid convention within the period provided by the law, could see it disqualified at all levels. Arguably, the APC still has time to make amends, to avoid anything that could lead to its disqualification. However, the party appears to be unbothered about this, as its National Convention has been scheduled to be held in February 2022.

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