APC constitution and nomination of presidential candidate, By Kennedy Friday

In his multiple live appearances on leading television channels in the country yesterday, the Chief Senator Magnus Abe, Mene Suanu 1 of Ogoni land, had stated matter of factly that the APC constitution does not provide for consensus as a mode of choosing a presidential candidate for the party.

No sooner had he finished his engaging interview than a horde of dazed hyper-ignorant and reading-loathing folks who regale in their own intellectual indolence went berserk, unleashing the abundance of the putrefying stench of their gutters on the humble but knowledgeable Senator in the name of insults.

But there is no normal human being of average intelligence who does not know that abuses only take center stage when the argument is lost.

Let us return to the relevant question for which we must provide a factual answer this morning. Does the APC constitution provide for consensus as a mode of electing a Presidential candidate of the party? True to what the intellectual doyen Senator Magnus Abe said, the answer is in the negative.

In order to demolish and clear every prevailing doubt, we will return to the APC constitution which we must quote in extenso.

Article 20 iii of the APC deals with nominations of candidates for all elective positions in the country except for the position of Councillor. It provides thus:

“iii. Nomination of candidates for:
a. Local Government Council/Area Council
b. Chairman
c. State House of Assembly House of Representatives
d. Senate
e. Governor
f. President shall be through direct or indirect primary election to be
conducted at the appropriate level”.

A calm perusal of the above provision using the expressio unius est exclusio alterius principle shows that a presidential candidate of APC and other offices named in the article above can only be nominated by either direct or indirect primary and no more!

IS THEIR PROVISION FOR CONSENSUS IN THE APC CONSTITUTION FOR OTHER PURPOSES?

I resolve the above question in the affirmative. The only mention of consensus in the APC constitution relates to the filling of party positions in congresses and conventions and the nomination of Councillorship candidate for election.

You will find the above in Article 20 (i)(a) and (ii) of the APC Constitution.

Article 20 (i) (a) provides that:
Unless otherwise provided for:
a. All Party posts prescribed or implied by this Constitution shall be filled by democratically conducted elections at the respective National Convention or Congress subject, where possible, to consensus, Provided that where a Candidate has emerged by consensus for an elective position, a vote of “yes” or “no” by ballot or voice shall be called, to ensure that it was not an imposition which could breed discontent and crisis”.

The above Article provides for how election to party offices like position of Chairman, Secretary, Deputy National Chairman ETC, could be filled.

The only nomination of elective position that consensus can be used is for the position of Councillor. Article 20(ii)(a) provides thus:

“Nomination of Candidates for Councillorship shall be by direct primary ejection conducted at the Ward level. For the purpose of this primary election, Party members in every Ward shall vote by open-secret ballot for the candidates of their choice where there is no consensus, provided that where a candidate has emerged by consensus for an elective position, a vote of “yes” or “no” should be called to ensure that it was not an imposition which could breed discontent and crisis”.

From the foregoing, it bears restating that nominations for positions of President down to Chairman of LGA can only be filled by the APC through either direct or indirect primary no more.

It is crystal clear that Senator Magnus Abe was correct when he posited that the nomination of a Presidential Candidate of APC cannot be filled through consensus as that is alien to the APC constitution. Those who attacked him did so out of either mischief or crass ignorance.

-Kennedy, a public affairs analyst lives in Abuja