National Working Committee (NWC) of the All Progressives Congress (APC) has overruled the Governor Nasir el-Rufai-led Kaduna State party chapter on the suspension of the senator representing Kaduna Central senatorial district, Shehu Sani, lifting the suspension order.
Overruling the suspension, in a statement, signed by the Acting National Publicity Secretary of the APC, Yekini Nabena, the national leadership of the party, directed the ward chairman and others to implement the directive to lift the suspension with a view to complimenting the peace efforts made by the NWC to bring back peace in the party in Kaduna State.
“The National Secretariat has received the news of the suspension of Senator Shehu Sani by the Tudun Wada ward Chairman and wish to clarify that the purported suspension of Distinguished Senator Shehu Sani representing Kaduna Central Senatorial District is hereby lifted and is confirmed as a bonafide Member and leader of our party.
“The Chairman Kaduna State Chapter has been directed to inform the relevant Ward and Local Government chapters appropriately, and also put the necessary mechanism towards complementing the efforts of the National leadership towards ensuring lasting peace and unity in the party”.
Sen. Sani had shunned the gale of defection to the Peoples Democratic Party (PDP) like other APC National Assembly members.
While the purported suspension of Senator Shehu Sani is unnecessary and not strategic, the lifting of his suspension by the NWC of APC is unconstitutional and therefore null and void. NWC is not empowered by any of the provisions of the APC Constitution to act on matters of suspension of Party members emanating from the Ward Executive Committee of the Party. NWC cannot operate when it has no jurisdiction over such matters. This being so, the lifting of suspension of Senator Shehu Sani by NWC is therefore an impossible task to accomplish without infringing on the Constitution of APC and the laws of the Federal Republic of Nigeria. NWC cannot operate rules when it has no res. NWC is competent only when the subject matter of the suspension is within its jurisdiction. NWC’s position on this matter can only be valid if the case comes before NWC initiated by due process of the APC Constitution regarding “Appeals” specified in Article 21(C)(ix); and upon fulfillment of any condition precedent to the exercise of jurisdiction. Any defect in procedure as laid down by the APC Constitution is fatal, rendering the lifting of the suspension of Senator Sani null and void, however well-intentioned. Odey Oyama is the caucus leader of APC, Ikom Local Government Chapter of APC in Cross River State.