Immediately after the Court of Appeal in Abuja upheld the FCT High Court suspension of its national chairman Tuesday, APC NWC announced Abiola Ajimobi, deputy national chairman South as Acting National Chairman. But in the judgement upheld, Chief Victor Giadom, who was the most senior officer of the party as at the time of the judgement, was specifically named to take over from Oshiomhole as Acting National Chairman. Meanwhile, the APC has again made another announcement of an “Acting Acting National Chairman” as Ajimobi is unable to take over. Worst is that, even the “Acting Acting National Chairman”, much as his camp’s behaviour is believed to be treading on the sharp edge of the sword of justice, attempted to further deepen the crisis in the APC when he claimed to declare the office occupied by Giadom vacant. Many knowers of law are saying that those in the Oshiomhole’s camp do not seem to want to let go with peace in the party. However, Giadom has taken over today as empowered by the ruling of the court. The analysis for the clarification of who is the authentic Acting National Chairman of the APC is has been given in the submission below. Excerpts:
The fact is that as at March yhis year 2020 when Oshiomole was removed by the Federal High Court as the party Chairman, following his suspension from his ward, ratified by his LGA and state APC, Mr Victor Giadom was the acting National Secretary. He was originally the Deputy National Secretary but upon the resignation of the national Secretary then (Mai Malla Buni) who contested and won Jigawa governorship, Giadom became the acting National Secretary.
And by then, there was no body occupying the position of the Deputy National Chairman (South), becos Segun Oni who was the substantive DNC (South) had resigned and gone to PDP. Sen. Ajimobi who came to occupy that position was wrongly inaugurated by Oshiomole. By the party constitution, any new position after the national convention ought to be approved by NEC and NEC will direct NWC to inaugurate such new position(s). But this was not done in the case of Ajimobi as he was wrongly inaugurated by Oshiomole with a few NWC members, without the approval of NEC.
So when Oshiomole was suspended in March, Giadom went to court asking court to declare him as the rightful acting national Chairman, since he was the highest ranking member from the South then, and which the FHC Abuja obliged him. But Oshiomole quickly appealed the judgment suspending him as national chairman and got an injunction from Appeal court which maintained status quo, restraining Giadom from assuming that position until the determination of the substantive suit.
And by yesterday Appeal Court finished with the substantive suit and upheld the suspension/removal of Oshiomole as the national Chairman. That appeal court ruling of yesterday against Oshiomole automatically triggered the FHC Abuja judgment in favour of Giadom in March.
As it is, Ajimobi who would have naturally filled that position as the deputy national Chairman (south), was not approved by NEC and was not correctly inaugurated. In addition to this, there is a susbsisting court injunction barring the party from appointing anybody into the NWC except through a convention . That injunction has not been vacated till date, making Ajimobi’s nomination/appointment and others on the same level dead on arrival.
So in the absence of a legitimate DNC (South), the acting national secretary (Giadom) becomes automatically the acting national Chairman, as declared by the FHC Abuja. Any body who has an issue with that will simply need to approach the courts and appeal the judgment that declared Giadom acting national Chairman.
And from indications thus far, there is limit of time (21 days or so) for the appeal to remain valid, and am afraid that time has long elapsed without any appeal from any person(s). Oshiomole and co did not bother to appeal it apparently because he had hoped he would win in the appeal court judgment of yesterday, unfortunately it turned out the way it did.
So until a court of competent jurisdiction says otherwise, Giadom remains the authentic acting National Chairman of APC.
That is the fact!
Enough of all these misinformation based on emotions.
A worthy to Obaseki, by Great Imo Jonathan
If Obaseki is wise he should move. The legal landmines in APC are too many and they will definitely affect anybody that holds its ticket if all the legal issues are finally appropriately interpreted in court.
As my friend Inibehe Effiong said:
It is obvious that the APC has not learnt appropriate lessons from what happened to them in Rivers and Zamfara States.
Impunity and lack of internal democracy are the bane of our political parties.
If a court says that a particular person should act as the National Chairman, it is an affront to the Judiciary to turn around to ridicule the valid and subsisting order of the Court by saying that that person had earlier resigned from the party.
They should have canvassed that argument in court.
Meanwhile, as that the time that Obaseki was disqualified, there was a subsisting order of the Federal High Court barring the APC from taking any step relating to the conduct of the primary?
Is screening of aspirants not part of the steps that leads to the conduct of the primary?
The APC is arrogantly dancing on legal landmines. This may not end well.
