29th April 2013
Independent National Electoral Commission,
Zambezi crescent Maitama,
RE: APPLICATION FOR CERTIFIED TRUE COPIES OF LIST OF APGA STATE CHAIRMEN AS AT 8TH FEBRUARY 2013
By two letters dated 28th March 2013, we applied formally for certified true copies (CTC) of certain party documents which we itemized. We are now in receipt of the CTC of the following documents:
i. Our letter dated 5th March 2013, titled “Notice of National Emergency Meeting pursuant to Article 22(2c) of the Constitution of our party”.
ii. Our Notice of Convention dated 11th March 2013, titled “Notice of National Convention Pursuant to Section 85 of the Electoral Act (as amended)”.
iii. Our letter dated 28th March 2013, titled “Re: Notice of National Convention Pursuant to Section 85 of the Electoral Act 2010 (as amended)”.
We thank the Commission for obliging us with the CTC of the documents mentioned above. However by no stretch of the imagination can the extract suo motu by the Commission from minutes of an APGA National Executive Committee (NEC) meeting held on 1st December 2010 be substituted for the requirements of section 222(a) of the Constitution of the Federal Republic of Nigeria 1999 (as amended). By the simple express of that provision every political party in Nigeria is required to file with your Commission ‘the names and addresses of its national officers.’ By virtue of Article 10(2)XXXV of our party constitution, State Chairmen are ex-officio members of the NEC of our party.
Secondly Hon. Chairman the document titled ‘THE NATIONAL EXECUTIVE COMMITTEE MEETING OF ALL PROGRESSIVE GRAND ALLIANCE (APGA) HELD ON 1st DECEMBER, 2010 AT NICON LUXURY HOTEL, ABUJA’ from which the list is prepared is a document which on its face exposes a serious breach of the constitution of our party which is filed with you pursuant to section 222(c) of the Constitution of the Federal Republic of Nigeria (as amended).
The tenure of those who purported to meet on that day was to expire the very next day 2nd December 2010. Please see page 39 of the judgment of the Enugu High Court item G where the Court answered one of the questions in issue before the Court.
The motion therefore by Barr Bako styled Asst National Legal Adviser for the extension of the tenure of the National Working Committee is palpably illegal vide Article 18(2) of the APGA constitution. Again, assuming without conceding that the motion could stand, did it at the same time extend the tenure of the National Executive Committee (NEC) of which the NWC is merely one of the four named standing committees vide Article 15(1)2 of the party constitution? Assuming again without conceding that the names extracted by your Commission are authentic state chairmen their tenure expired on 2nd December 2010 and has since not been extended at any congress monitored by the Commission.
Hon. Chairman, may we in the alternative humbly apply for the CTC of the notice of congresses pursuant to section 85 of the Electoral Act by APGA where these purported State Chairmen prepared by your Commission emerged. Secondly, we further request for the CTC of the list of INEC officers who monitored the said congresses and their report there from.
The fact, Hon. Chairman, is that Victor Umeh the party’s’ erstwhile Chairman had a penchant of unilaterally appointing and sacking national officers including state Chairmen as it suited his fancy. The Chairmen who meet in emergency session on 9th March 2013 at Awka to rescue the party are the authentic state chairmen who have effectively been piloting the affairs of the states. In doing so they merely executed an aspect of the order of Court in the judgment of the Enugu State High Court of 8th February 2013 at page 39. The Court said ' (1) that the National Executive Committee of APGA was bound to meet and fix a date for the election of Chairman of the party upon the effluxion of the four-year tenure of the defendant in 2010.
The result of this patriotic effort was the bottoms up congresses and convention of 8th April 2013 which your commission effectively monitored. This is the first of its kind in the 11 year history of APGA.
Finally please accept assurances of our highest consideration.
Barr. Maxi Okwu