No Vacancy: Labour Party, Governor Otti Face-Off Over Tenure Of Abure-Led NWC

Communique issued at the end of the meeting of the National Working Committee of the Labour Party held on the 26th day of August 2024 at the National Headquarters of the Labour Party in Abuja.

The meeting was convened by the National Chairman, Barrister Julius Abure and National Secretary, Alhaji Umar Farouk Ibrahim. Members of the National Working Committee (NWC) were in attendance, and at the end of the meeting, the following communique was issued:-

The meeting was called at the instance of the National Chairman of the Party to brief members of the NWC on his recent meeting with the Governor of Abia State, Dr Alex Otti during which the governor stated his intention to convene a National Executive Meeting (NEC) meeting on Saturday August 31stin order to dissolve the National Executive Council, State Executive Council, Local Government Executive Council and Ward Executive Council on the purported ground that the tenures of the executives have expired. His argument was premised allegedly by INEC that the current executive’s tenures have expired.

The National Working Committee (NWC) consequently notes as follows:-
(a) The national leadership hereby states unequivocally that there is no vacuum in the leadership of our Party.

(b) Conscious of the fact that the tenure of the executives was to last till June 2024, the National Convention of the Party was held in March 27, 2024 at Nnewi, Anambra State at which the Governor of Abia State was ably represented by his deputy governor who also doubled as the Chairman of the Convention Committee. It must be noted that most of the government functionaries from Abia State including the Deputy Governor, Commissioners, Chief of Staff and indeed all the Labour Party State Assembly members led by the Speaker of the House, Senior Special Assistants and other aides of the governor, were present at that Convention.

It must be stressed that under the Laws of the land which include the following: the 1999 Constitution, the Electoral Act 2022, the Labour Party Constitution and indeed, all other laws of the land were adhered to in convening that Convention.

Article 14 of the Labour Party Constitution provides that it is only the National Chairman and the National Secretary of the Party who can convene the meetings of the National Working Committee, National Executive Committee and National Convention or any other national meeting of the Party.

In the exercise of that power therefore, on the 20th of December, 2023, the National Chairman and the National Secretary of the Party issued notices to the Independent National Electoral Commission (INEC) for the convening of the National Convention of the Party that was scheduled to hold in March 2024.

It must be noted that Section 82(1) of 2022 Electoral Act provides as follows:
Every registered Political Party shall give the Commission at least 21 days’ notice of any convention, congress, conference or meeting convened for the purpose of “merger” and electing members of its executive committees, other governing bodies or nominating candidates for any of the elective offices specified under this Act.

It was in fulfilment of this provision that the National Chairman and the National Secretary of the Party issued notice to INEC on the 4th of December 2023. When it became apparent for logistics reasons that the Convention would be held at the earlier venue, another notice for change of venue was issued to INEC on the 14th of March, 2024. Again, another notice for a change of venue was issued on the 20th and 21st of March 2024. It is therefore clear that the Party has fulfilled its obligation under the Electoral Act and the Constitution of the Party.

Section 82(2) of the Electoral Act provides that:
The Commission may, with or without prior notice to the political party attend and observe any convention, congress, conference or meeting which is convened by a political party for the purpose of (a)electing members of its executive committees or other governing bodies; (b)nominating candidates for an election at any level; and (c) approving a merger with any other registered political party.

To this extent, it is safe to conclude that Labour Party under this leadership has complied with the provision of the Electoral Act, Constitution of Nigeria and the Labour Party Constitution in convening the National Convention of the Party that was held at Nnewi, Anambra State on the 27th of March, 2024. Therefore, for any person(s), group or agency to speculate that the tenures of the current executives have expired, is not only mischievous but a deliberate attempt to put the Party in comatose.

Section 82(5) of the Electoral Act 2022 provides as follows:

Failure of a political party to notify the Commission as stated in sub-section
(1)shall render the Convention, congress, conference or meeting invalid.

The National Working Committee in session notes that Section 83 (1)(2) of the Electoral Act 2022 provides as follows:
(1) The Commission shall keep records of the activities of all registered
political parties.

(2) The Commission may seek information or clarification from any registered
political party in connection with any activities of the political party which
may be contrary to the provisions of the Constitution or any other law,
guideline, rules or regulations made pursuant to an Act of the National
Assembly.

These provisions give INEC the power to make inquiries about the party from the National Chairman and the National Secretary of the Party. Under this provision, the National Chairman and the National Secretary of the party are under obligation to provide such information to the Commission. Along this line, the National Chairman and the National Secretary of the Party after the Convention of the Party held on the 27th of March, 2024 forwarded copies of the comprehensive report to the INEC on the 4th of April, 2024. This was to enable INEC update their records following their inability to attend the National Convention of the Party.

Accordingly, it is very clear that the Party has fulfilled its obligation to convene its Convention. Therefore, for any person(s) or agency to begin to instigate members of the Party from the back door that the tenures of the executives have expired, is tantamount to being unprofessional and mischievous.

We must also state that government business is not conducted verbally. It is done in official communication through writings and correspondences. As we speak, there is no communication whatsoever from INEC to the Party as regards any objection to the conduct of that Convention. In Administrative Law, once a communication has been made to a government agency and there is no response, it deemed to mean that those communications and correspondences have been accepted. Indeed, INEC has been relating closely and clearly with the leadership of the Labour Party until recently when the party was denied invitation to attend the third quarterly consultative meeting of Political Parties.
The National Working Committee notes that the National Convention of the Party held on the 27th of March 2024 has been validated by a court of competent jurisdiction of the Federal Republic of Nigeria sitting in Abuja on the 16th day of June, 2024 when it held that issues of leadership, conduct of congresses and convention are internal affairs of a political party. The versatile and erudite judge went ahead to determine all the issues: issues of notices, how the convention was held, delegates amongst others, were determined by the court and thus, the court upheld the National Convention of the Party. Consequently, it is our view that for anybody to hold the opinion that there is a vacuum in the leadership of the Party, is not only mischievous but a deliberate attempt to cause panic, chaos and to disrupt the smooth working of our Party.

The National Working Committee of the Labour Party urges all members to play by the rules, pay respect to the national leadership of the Party and respect the Party constitution. All Party members are under the obligation to respect the integrity and dignity of the Party and its leadership.

Consequently, the national leadership states clearly, that it will not hesitate to discipline any member of the Party who is not ready to obey the Constitution of the Party and indeed, obey the lawful directive of the leadership of the Party. in this regard, the NWC went ahead to set up a Standing Disciplinary Committee as follows:

Barrister Kehinde Edun National Legal Adviser Chairman
Chief Clement Ojukwu Deputy National Chairman Member
Ayo Olorunfemi Deputy National Chairman Member
Dudu M. Manuga National Women Leader Member
Barrister Callistus Ihejiagwa Chairman Imo State Member
Raji Mohammed Chairman Kano State Member
Umar Farouk Ibrahim National Secretary Member/Secretary
The National Working Committee also notes that assuming, without conceding, that the tenure of the current NWC has even expired, we must state clearly that it is not the responsibility of Dr Alex Otti as Governor of Abia State, to convene a NEC meeting for the purposes of setting up a caretaker committee. It is still the responsibility of the National Chairman and the National Secretary of the Party to convene such a meeting. Secondly, it is the responsibility of INEC, to officially communicate the Party in writing as to why it has objection to the conduct of the Convention and indeed, to draw the attention of the leadership of the Party, to the fact that their tenure has expired.

Examples of such official communication are numerous: such as the case of ADC, and that of the ACCORD Party. The tenure of the leadership of these parties expired and INEC wrote several letters to these parties, to draw their attention, particularly the attention of the National Chairmen of these parties, to the fact that their tenures had expired. As at today, there is no single correspondence from INEC drawing our attention that the tenure of the National Working Committee has expired, nor that indeed, the Convention of the Party that held at Nnewi was not accepted by the Commission. That is why the intrigues and manoeuvring that are ongoing are laughable.
Apart from the fact that a Federal High Court in Abuja has already validated the National Convention held on March 27, 2024, there are other persons who have challenged the Convention of the Party and these cases are as follows:
SUIT NO. FHC/ABJ/CS/136/2024: PRINCE PROF. IFEAGBEMI AWAMARIDI & 5 ORS V .INEC & 2 ORS;
SUIT NO. FHC/ABJ/CS/397/2024: MR LAWRENCE EREWELE V. LABOUR PARTY & 5 ORS;
SUIT NO. FHC/ABJ/CS/383/2024: CHIEF CHIDOZIE EZEUGWA V. BARRISTER JULIUS ABURE & 4 ORS;
SUIT NO: FHC/ABJ/CS/301/2024: THE INCORPORATED TRUSTEES OF CENTRE FOR FREEDOM AND PUBLIC ADVOCACY V. INDEPENDENT NATIONAL ELECTORAL OFFICER & 3 ORS.

It is therefore trite in our laws that once cases are pending in our courts, parties are to maintain status quo ante in order not to destroy the res. In this case, INEC is expected to maintain status quo ante in order not to destroy the rest of the Party. INEC is expected not to descend into the arena of conflict but to continue with its neutrality and work cordially with the recognized leadership of the Party until the courts state otherwise.

The NWC must also state in addition, that Labour Party is different from other Political Parties in the sense that it is not a party that is controlled by one man, woman or leader; neither is it a party that can be put in the pocket of one person. It is a party for the generality of the people. For these reasons, it was possible to record the successes it made in the 2023 general election. The outlook of the party made it possible for people like Dr Alex Otti to use the platform and win in 2023 after trying and failing in APC, PDP and even APGA. Therefore, the ideology, principles, ideals and outlook of the party must be maintained. It is a party for the peasants, downtrodden, the poor, the oppressed and those who indeed want genuine change and good governance for the people of Nigeria.

Source:- Labourparty