S’Court Judgement: Gov. Buni Committee Can Continue To Lead APC – Prof Tahir

Former director-general of the Nigerian Law School, Prof. Tahir Mamman (SAN) has said Yobe State Governor Mai Mala Buni’s position as acting chairman of the All Progressives Congress (APC) Caretaker and Extraordinary Convention Planning Committee is not contrary to the provision of Section 183 of the 1999 Constitution.

He said same is on a temporary basis which is not akin to executive office or paid employment as envisaged by Section 183 of the 1999 Constitution.

Mamman said the laws that govern the sponsorship and nomination of candidates in an election are contained in Sections 31 and 87 of the Electoral Act, 2010.

Prof. Mamman said, ‘’It is respectfully submitted as follows – The law is and still remain that the provisions that govern sponsorship and nomination of candidates in an election are: Sections 31 and 87 of the Electoral Act, 2010 amended.

‘’That there are no provisions in the Electoral Act prescribing any form for or submission of the sponsored candidate of a political party in an election.

‘’Sections 177 and 182 of the CFRN which make provisions for qualifications and disqualification of candidates for governorship election are exhaustive and leave no room for any addition.

“That no other Law/Act can be relied upon to disqualify a candidate in an election save for the provisions of Section 182 of the CFRN.

‘’That Mai Mala Buni’s position as acting chairman of the Caretaker and Extraordinary Convention Planning Committee is not contrary to the provision of Section 183 of the CFRN as same is on a temporary basis which is not akin to executive office or paid employment as envisaged by Section 183 of the CFRN.

‘’That sponsorship of a candidate in an election is that of the party and not the individual officer of the party forwarding the name of the candidate,’’ he said.