Opinion:THE FULL IMPACT OF THE SC DECISION ON THE STATUS OF GOV MAI MALA BUNI AS CARETAKER CHAIRMAN OF APC Washington Osa Osifo, Ph.D

I have had the privilege of digesting the media report of the decision of the Supreme Court on the Ondo State Governorship Election Petition as it relates to the status of Gov. M M. Buni as our Caretaker Chairman.

I have also read the legal opinions proffered by my learned seniors and respected silks,i.e Festus Keyamo SAN. Hon. Minister of State for Labour and Bamidele Aiku SAN. I believe that both have spoken as distinguished lawyers and committed party men.

However, in my view, the position of Bamidele Aiku SAN, is limited to the proceedings at the trial in the tribunal as a court of the first instance and not the policy statement that both the majority and minority decisions of the Supreme Court has laid down. With the majority decision focusing on the non-joinder of Gov Buni as the reason for their decision, it is an implied acceptance of the minority decision.

That being the case, whilst all the previous actions of Gov Buni before the decision can be defended on the basis, subsequent actions or steps he takes in defiance of the admonition by the Supreme Court will have moral implications now and legal implications in the future. This is where i tend to agree with the Hon. Minister. If we go ahead with a congress superintended by Gov. Buni.

The fallout would be that the Exco produced by him will be a “nullity” ab initio. Whilst he may not be sued now because of his immunity, the candidates that the subsequent Ward, State and National Exco would produce for the 2023 elections would be facing Pre-election and Post-election suits at a time Gov. Buni may have completed his tenure as Governor and therefore stripped of his immunity.

He can subsequently be joined especially in Pre-election suits and with the possibility of the Courts revisiting this Supreme Court decision. Therefore, to prevent such long term consequences, it will be illogical and illegal no to go with the suggestion that the scheduled congresses be postponed and the party (NEC) takes urgent steps to reconstitute CECPC in line with the provisions of the party’s constitution and the Supreme Court decision. Thereafter, the new CECPC can conduct primaries that will not produce Exco members, plagued ab initio with “legal disabilities”

Washington Osa Osifo, Ph.D.