Monday, April 3, 2023

SUSPENSION OF PARTY OFFICIALS BY WARDS EXECUTIVES... ... THE NEW CRAZE IN TOWN?

SUSPENSION OF PARTY OFFICIALS BY WARD EXECUTIVES... 
...THE NEW CRAZE IN TOWN?

By Emma Asie MNIPR 

It appears as if cases of suspension of party officials especially national officials by ward executives is on the increase and taking on worrisome dimensions. Ward Executives hitherto regarded as the lowest and often most neglected rung of the party heirachy, are increasingly waking up to the "unusually enormous" powers they wield and their abilities to throw spanners in the wheels of party officials and rock the boats of political parties. And they are exploring this so lavishly and brazenly
 

On the 24th of March 2023, following a rather poor outing at the national and states election in Benue state by the PDP, the ward executives of Igyorov ward in Gboko LGA of the state, announced the suspension of the party national chairman, Sen Iyorchia Ayu. The suspension letter was signed by 12 out of the 17 members of the ward executives. They cited anti parties activities leading to the loss of the election in the state and failure to pay his annual dues as their reasons. A member of the party in the state, took the issue to court and was granted an Exparte order by a Benue High Court, restraining Sen Ayu from parading himself as the party Chairman pending the determination of the substantive suit. The date for hearing was fixed at April 17. The party, in an uncharacteristic obedience to court order (despite terming the order "frivolous and uncalled for" as the suspension violates the party's constitution) asked Sen Ayu to step aside for Iliya Umar Damagun the Deputy chairman North to take over in acting capacity. It should be noted that section 57 of the party 's constitution forbids all other organs or arms of the party from disciplining any national officer. The section gives this power solely to the party's NWC. 

 Just recently, precisely on the 31st of March 2023, the Deputy Senate President Sen Ovie Omo-Agege,  who was also the APC s gubernatorial candidate in the 2023 election in Delta state, was allegedly expelled by his Orogun ward at Ughelli North LGA of the state for alleged anti-party activities. This expulsion was almost immediately ratified by the State Executive of the party. However, the Omo-Agege camp had waved off the expulsion as a nullity and an exercise in futility. 
 
Going back, it should be recalled that this same scenario repeated itself in 2020 with APC when Adams Oshiomhole was suspended same way by his Ward executives in Auchi LGA. A court order was similarly obtained which restrained him from acting as party chairman. He was consequently replaced.
At around same time (exactly a year after) the PDP became embroiled in its own mess with the suspension of its the embattled chairman Uche Secondus by his Andoni Ward in Obigbo LGA of Rivers state, in a move obviously sponsored by his erstwhile benefactor Gov Wike of Rivers who had had a running supremacy battle with him. His suspension paved way for the election of Sen Ayu as the party's national chairman. 

In recent times, the likes of Julius Abure the Labour party national chairman, Lauretta Onochie President Buhari s erstwhile aide on social media and current NDDC Chairperson, Boss Mustafa the current Secretary-General of the Federation SGF, Anyim Pius Anyim former SGF and PDP presidential candidate, Ayo Fayose Former Ekiti state governor and Sen Ahmed Barata the DG of Sen Aishatu Dahiru Binani, the Adamawa s APC s gubernatorial candidate s campaign committee and some other leading party chieftains have been allegedly suspended by their wards ostensibly for one or more offences. These ward executives appear to be welding the big stick on these party chieftains inspite of the provisions of the constitutions of some of these parties which strip them of the power to do so. 

But what are the causes of these developments and what are their implications on party Politics and our democracy in general?

In the first place, this is not a positive development for party Politics and our democracy. This is because though as they say, all politics is local and a politician no matter how highly placed he or she may be, must first be registered at a ward before coming out to the national scene, yet the flagrant abuse of this provision by both the politicians themselves and lately by the ward executives, is becoming worrisome and making party Politics messy and open to all sorts of manipulations. It is widely believed that Sen Ayu s travails were masterminded and bankrolled by Governor Wike of Rivers state going by the recent boasting and gloating of the governor over this matter. Ward executives are local politicians who are easily enticed, coerced, blackmailed or bribed into becoming pawns in a larger game of messing up a national party official or chieftain. The aftermath is often messy and as in the case of Sen Ayu s Igyorov ward, the Executives may eventually be penalized by the NWC for allowing itself to be so used to mess up the party official or chieftain. Adams Oshiomhole of APC's case was even messier owing to the his reluctance to give up power and the absence of a clause in the party's constitution (unlike the PDP's) barring state and local arms from disciplining a national officer. 

And talking of Party's constitution, this development often violates the provisions of most parties' constitutions. For example Section 57 (1) of the PDP's constitution expressly placed the powers to discipline a national party official on the NWC. This strips the wards, LGA, zone, state and other levels and arms, the powers to do so. This is also contained in the Labour party s constitution. And it's implication is that the party official, though registered primarily at the ward level, is no more under the control of the ward once he or she becomes a national officer. The officer though expected to be paying membership dues and other obligations to the ward, is free from distractions and could focus the national assignment. The PDP especially had to input such a clause not only to protect the national officer but prevent instances like what played out in Sen Ayu s case. Owing to it's long history in Nigeria s political scene in this 4th Republic, it learnt from such messy developments in it's budding years and sought to prevent it from reoccurring. This then implies that these ward executives suspending national officers of parties, are acting in violation of the parties'constitutions as they lack the powers to do so. But the very instance of carrying out the act itself, despite this violation, exposes the susceptibility of these ward executives to outside manipulations and that party supremacy is not yet fully entrenched. These ward executives often end up being suspended by the NWC as a penalty for violating the party s constitution. In other instances, they end up apologizing to and reinstating the suspended officer as in the case of Boss Mustafa. But whatever be the aftermath, it does not portend well for party supremacy.
Another worrisome aspect of this craze, is the involvement of the judiciary. Though known as the interpreter of the constitution, the last hope of the common man and an arbiter in conflicts, the courts however, have been severally banned from dabbling into party's leadership tussles and severely chided whenever it does so. The most recent chastisement was by the Supreme court in the case of the APGA s chairmanship tussle involving Jude Okeke, Edwin Njoku and Victor Oye. The Supreme Court in a judgement read by Justice Kekere-Ekun ruled that "Such suit ought not to be entertained in the first place as the issue is an internal affairs of a party and is therefore non-justiciable" Though the extent of this application of this "non-justiciable" ruling by the Supreme court is debatable, yet the most worrisome aspect is when the courts consciously grants prayers via Exparte orders for the removal of party's national officer based on suspension by the ward executives in open violation of the clear and unambiguous provisions of the party's constitution. The dangers of carelessly granting Exparte orders have been emphasized many times by the National Judicial Council (NJC). Some judges that granted such careless and frivolous Exparte orders with far reaching consequences (for example Justice O. Gbasam of the Rivers state Federal High Court) were penalized by the NJC. Recall too that the former Chief Justice of Nigeria (Justice Walter Ononogen) was removed from office on the strength of such frivolous Exparte orders. But it's gets worrisome as in the current case of Sen Ayu, when the Exparte orders apart from violating the Supreme Court rulings and NJC /CJN s directives on the matter, also appears to be empowering unconstitutionality as a cursory perusal of the party's constitution will show any judge that the ward executives lack the powers to do what they did and so the prayer for such Exparte orders, should not have been granted. As is the norm in the rule of law, any order once given by a competent court whether frivolous or not,must first be complied with pending when the order is vacated. It was such thinking that made the PDP to ask Sen Ayu to step aside, which is a commendable action by the way. But the consequences are far reaching and often damaging to the party. In the current PDP'S case, apart from apparently giving "victory" to the sections of the party led by the G5 and Gov Wike that had long agitated for Sen Ayu s removal, it is also unlikely that Sen Ayu may return to his seat even if the order is eventually vacated. Already as reported by the Punch Newspaper, the plot to ensure that he does not return is underway in the party and gaining momentum. His current travails could not have been possible if the Benue state High Court did not issue that Exparte order. Hence, the involvement of the judiciary in the messy internal politics of these parties only serves to make the matters messier as it appears to be subjective, non-partial and often unconstitutional in addition to being non-justiciable according to the Supreme court. 


And what about the parties themselves? This development portend lack of internal democracy and a compromise of the fabled party supremacy. Apart from obeying provisions of its own constitutions, Internal mechanisms for conflict resolutions ought to be effectively in place and fully utilized by aggrieved members and interests. And of course these mechanisms ought to be trusted by these aggrieved members and interests. Without the trust and confidence of members, the mechanisms would fail and the courts will be called upon once more to intervene in such internal matters contrary to Supreme court orders. This should be avoidable.
On a larger scale, Nigeria practices a party based democracy. The failure of these parties to manage their internal issues competently and satisfactorily portends a larger danger for the country. A party that could not manage it's internal affairs,how can it then provide good leadership and manage the country? Though it can be argued that these apparent mismanagement of crises do lead to formulation of better strategies, policies and mechanisms to better manage future crises, yet in the interim,the parties and the country bleed and suffer for such current incompetence. And as in the case of Sen Ayu, what guarantee is there that in future, such similar messy situations will not arise? In PDP, thunder definitely appears to be striking not just twice but multiple times! Nigerian politicians often do not learn from history and past mistakes. And in the immortal words of the British Prime Minister during the second World War, Winston Churchill, "Those that fail to learn the lessons of history, are doomed to repeat it". This is often the unfortunate reality of Nigeria s political parties and the political experiment. 

Emma Asiegbunam MNipr (aka Mr E on the Mic) is an OAP and a member of The Nigerian Institute of Public Relations,  NIPR. He writes from Awka, Anambra state.

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