No Governor Is Above The Law by Sola Ajisafe, Esq

The role of the Nigerian Constitution in the formation and existence of a political party is enshrined on the principle of Constitutional Supremacy. The Nigerian Supreme Court on many occasions has considered and decided on this in many cases. Examples abound in cases like A.G Ondo State v A.G Federation (the importance of complying with constitutional provisions), A.G. Lagos State v A.G Federation ( the nullification of the power of the President to withold local government funds), A.G.Federation v Atiku Abubakar ( on the interpretation of the Constitution and and constitutional supremacy in governance). The

It is this realisation that made the All Progressives Congress (APC) in it’s Article two states as follows ” Subject to the provisions of the Constitution of the Federal Republic of Nigeria, 1999 ( as amended) and any other laws for the time being in force in the Federal Republic of Nigeria, the provisions of this constitution shall be supreme PROVIDED that where any Rule, Regulation or other enactment of the Party is inconsistent with the provisions of the Constitution of the Federal Republic of Nigeria, such a Rule, Regulation and Enactment shall be null and void and of no effect whatsoever”.

This means every law or rule or activity of any political party, it’s government, officials acting for itself or for the people must take a bow and align with the Constitution. Further more, the Nigerian Supreme Court on many occasions has restated this fact that all it’s activities must align and obey not only with the constitution but must obey it’s own rules and other regulations and rules validly in force in the country.

Therefore, the APC Constitution is the most important document for its internal activities and administration being a product of the Nigerian Constitution and the loud and emphatic statement of the courts. In giving itself this constitution, it must not only obey it as a point of obedience alone it must do it to strengthen democracy and the rule of law for the ultimate preservation of the society. This is the foundation of good governance, peace and solidarity. Any erosion of this time tested rule is an invitation to strife and anarchy.

In the Constitution of the APC starting with Article 10 on Party Organisation, Article 11,12, 13, 14,15, and 16, it provides a copious mode of how the party would be administered and the functions of it’s officials.

Specifically, the APC Constitution under Section 14.1 provided for the office of the National Chairman to ” Be the Chief Executive, Accounting Officer and shall preside over the meetings of the National Executive Committee and the National Working Committee of the Party;Provide good and effective leadership to the Party;Uphold the Constitution and defend the name, policies and programmes of the Party;Be a signatory to the accounts of the Party;Direct the due execution of the programmes of the Party;Give lawful directives to all officers, organs, and members of the Party at all levels;Have a casting vote in the event of a tie in the meetings of the Party over which he presides;Ensure the implementation of the directives of all superior organs of the Party, namely the National Convention, the Board of Trustees, the National Executive Committee, the National Working Committee and the National Caucus;Perform such other functions as may be assigned to him from time to time by the National Convention, Board of Trustees, National Executive Committee and/or the National Working Committee”.

This position is restated under Article 15, as Officer at Other Levels whereas the powers are devolved to the States and local governments.

The power invested in the National Chairman under Article 14.1 is equally vested in the State Chairman and other officers under article 15. This powers are exercisable statutorily. Whether in the composition or activities everyone would have to abide by the constitutional provisions.

To maintain amity, respect and party discipline, it is not by chance that the composition in the State Caucus was so arranged. A careful look will show the intendment of the drafters of the constitution.

Going forward, it is my view that for our party to continue to maintain it’s peace and growth for the development of our State as the party in power, all concerned must keep to their assigned roles. As far as the constitution has provided, the Chairman is the Chief Executive of the Party while the Governor is the Chief Executive of the governance arm. They are not in contention or power supremacy, but their roles are distinct. He is not only the primus inter pares of the party he is the head of all the organs of the party structure. He must be allowed to do his job while the party structure must function effectively for the growth and development of our society.

In essence, the party cannot function without the government and the head of the government as reserved in the Governor of the State deserves every respect, and consultation on party administration. There must be synergy and respect, consultation and agreement on all actions and activities. Where there seems to be a clash of interest, both must shift ground and the role of the government must lalways be recognised on all issues without any overeaching influence from the government.
Both cannot exist without the other but their must be mutual respect to one another’s positions.

In the same vain, the government and the party must also recognise other stakeholders whose activities and participations make the party what it is. Party elders, appointees, other elected officials and party members should not be outsiders to be treated like trash or dispensables. They must be carried along and given their own due at all times. This will foster cohesion and party growth.

As we move towards the 2027 election as stakeholders and interested parties, our focus should be how to win the coming election resoundingly.

Our modest request and irreducible demand from both Mr. Governor and the Chairman of the party is to work in synergy to achieve a 90 percent success for the re-election of President Bola Ahmed Tinubu. Anything or act by anyone to the contrary would be a disservice to our collective happiness and they would have us to contend with.

All we need is peace in our party and our State and those charged with that onerous responsibility must pull everyone together to achieve the purpose of victory in the coming election.

Sola Ajisafe, lawyer, journalist, farmer writes from Akure, Ondo State.