WHAT IS THE IMPLICATION OF THE TRANSFER OF ITS POWERS BY NEC OF APC TO THE NWC?
—By Kennedy Friday
1. Let me start by saying that one of the wisest, nay, prescient decisions taken by NEC today at its first post-Buni meeting is the vesting of its powers in the NWC of the party. It is a decision dictated by exigencies of the time and if properly managed will be in the best interest of the party.
2. You can easily remember that as explicitly provided in section 88(1) of the Electoral Act 2022, political parties are mandated to give INEC 21 days notice before holding their NEC meeting.
3. Due to leadership turmoil that engulfed APC and the wanton waste of precious time through shenanigans and subterfuge by the erstwhile Buni-led Caretaker Committee, the party is now in a frenetic race against time and has fallen far behind other political parties, especially, the main opposition PDP, as far as preparations for the 2023 elections.
4. Thus, to wait for every 21 days in compliance with statutory provisions before APC NEC meetings are held and decisions are taken on important party matters will be tantamount to self-immolation by the party considering that time is now the scarcest of commodities at its disposal, with deadline for primaries set at June 3 by INEC.
5. Therefore, by wearing on the body of the NWC the apparel of its powers as provided for in the APC constitution, NEC has cleverly maneuvered the party’s way through the difficulty that the Buni-led Committee plunged it with respect to time.
6. Also, by vesting its powers in the NWC, the NEC has ensured that the 21 days notice stipulated by law is dispensed with. NWC can meet and take important decisions as often as possible and INEC will accept and respect such decisions as valid without the requirement of 21 days which have been wisely sidestepped.
7. Finally, the decision of NEC ensures that the APC will not have any running battle with INEC regarding section 88(1) of the Electoral Act.
8. What is remaining is for the NWC to endeavor to exercise the powers it has been vested with by itself as delegatus non potest delegare (a delegate cannot sub-delegate) will apply here. Above all, the NWC must exercise the donated powers fairly, justly, judiciously and in consonance with the spirit and letters of the APC constitution (as amended)
It’s on that note that I commend the NEC for the act of foresight. They have just saved the party from the quagmire that the inexplicable waste of time by the Buni-exco could have ensnared it.
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Eze Chukwuemaka Eze: U sounds better and logical than Abe in this regard. That is why I pleaded with you to do ur best to get a Degree so that u can authoritatively showcase the wisdom God has deposited in you.