Dons Eze
LABOUR PARTY AND CHALLENGE OF DEMOCRACY
Democracy is based on popular participation of the people in their government. Internal democracy is a constitutional requirement which ensures the participation of the members of a political party in the affairs of their political party. This right is granted them by giving them the exclusive privilege to elect the members of their Party’s ruling organs. Section 223(1)(a)(2)(a) of the 1999 Constitution of the Federal Republic of Nigeria (CFRN) as amended, provides for the periodical election, on a democratic basis, not exceeding four years, of the principal officers and members of the executive committee or other governing body of a political party. The democratic basis in section 82(3) of the Electoral Act (EA) means that the election of members of the governing body of a political party, including the election to fill a vacant position in any of the governing bodies, shall be conducted in a democratic manner which allows all members of the party or their duly elected delegates to vote in support of a candidate of their choice. Any other route apart from this route to impose leadership on any party is illegal and a destruction of internal democracy and as such null and void.
The Independent National Electoral Commission (INEC) is empowered by law to ensure that political parties observe the practices of internal democracy, including the fair and transparent conduct of party congresses and conventions. The law did this in section 82(1) and (5) of the EA when it instructed any political party that wants to elect its National Officers to give the Commission at least 21 days’ notice of any convention, congress, conference or meeting convened for the purpose of electing members of its governing bodies. Failure to do this renders the convention invalid. The whole idea of giving INEC 21 days notice is to enable INEC to monitor that the parties comply with the provisions of the law and ensure fairness and transparency in the election of their officers.
It then means that any party that fails to invite INEC, through the requisite 21 days notice, intends not to observe internal democracy in organising its elections and also intends not to be fair and transparent in its elections. INEC will be failing in its duties to lend its name to such a desecration of the laws by the party and would have been a willing tool in the destruction of our democracy. The proper thing INEC should do is to ignore such a charade and treat it as having not been done. We have become so lawless and so litigious that we think the courts must give orders before we perform our duties. No! Courts are meant to settle disputes, not to do the work for people. INEC doesn’t need a court order to ignore any national executive of a political party which emerged in a manner not known to law because in the eyes of the law, there was no convention. Paragraph 15(b)(c) of third schedule to the CFRN empowers INEC to register political parties and monitor the organisation and operation of the political parties. Any party that fails to comply with the laws should be penalised by INEC by refusing to recognise the officers that are responsible for the breaching of the laws.
What is happening in Labour Party (LP) today is a reflection of lawlessness and impunity that have characterised our fourth republic and this is threatening to destroy our democracy. It is important to note that other parties are suffering from one problem or the other and if this trend is not checked and corrected, Nigerians will lose interest completely in the democratic process. By the communique released recently by the expired, former Abure-led National Working Committee (NWC) of the LP, one needs not go far to understand our problems in this country. In the communique, dated 26th day of August 2024, the former expired Abure led NWC inadvertently and ignorantly indicted itself on all fronts.
Firstly, in paragraph 12 of the communique, they said that “Labour Party is different from other Political Parties in the sense that it is not a party that is controlled by one man, woman or leader; neither is it a party that can be put in the pocket of one person”. This is very correct. It’s therefore very laughable that Abure and his co travellers, being aware that this is what they told us about Labour Party to inspire us to join LP will now turn around to make LP “an Abure Party”, a one man show. For the avoidance of doubt, Abure came into LP NWC as an Assistant Secretary and craftily wangled his way to become the Chairman of LP without any convention. He was purported to have been appointed by the NEC, without a national convention. Immediately he usurped the position of National Chairman, he single handedly dismantled all the structures of LP and took sole charge of LP.
Seeing this absurdity, the major stakeholders of LP went to court and obtained a judgement that compelled Abure in 2018 to organise an all inclusive convention, inaugurate the Board of Trustees (BOT) etc. Till date Abure refused to obey the judgement. He never inaugurated the BOT till date. INEC in their magnanimity brokered an agreement between Abure and the stakeholders of LP to organise an all inclusive convention. Abure refused to obey the agreement. In LP today, there are no elected ward, local government, state, or national executives. Abure alone appointed every official of LP untill his tenure expired. This is shameful. Yes, LP is not a party that should be controlled by one man and that’s why Abure, the only one man that controlled LP is gone after the expiration of his tenure. It’s even more absurd that Abure who refused to obey court judgements is accusing other law abiding stakeholders of LP of disobeying court orders. In law, he that pleads equity, must first of all do equity. In the communique, Abure confessed that INEC has rejected him; that the elected members of LP have rejected him; that the major LP stakeholders have rejected him. Who then does he want to govern?
Again, they said they believed that LP is a party for the generality of the people. A party for the peasants, downtrodden, the poor, the oppressed and those who indeed want genuine change and good governance for the people of Nigeria. If they believed that this is true, how come they could not even issue a single notice to the members of LP that they wanted to organise a national convention. In the communique, they admitted that they gave INEC four faulty notices for the convention, yet none to the members of the LP. The notices were faulty because the last notice to INEC was received only six days to the convention. The Electoral Act stipulated 21 days notice, while INEC, in order to assist the parties, whenever they change the venue, made a rule requiring at least 7 days notice to INEC before any convention. Since they failed on the issue of notice, their purpoted 27th March, 2024, fake Nnewi convention is invalid. INEC was very correct in throwing them out and they will forever remain out.
Nigerians got to know about the convention through a leaked notice to INEC. No announcement of the convention in any media house. This alone told everyone that there was never a time Abure intended to organise any convention. The members of LP or their duly elected delegates only are allowed by law to vote. If the members of LP were not even aware of the convention, who then voted? If there were no elected ward, local government, state executives in today’s LP, where were the elected delegates that voted? Little wonder, there was no position that was contested for. All the purported positions were appointed once more by Abure alone. Yet these incurable liars lied that all the laws were complied with. If Governor Alex Otti supported them, how come they are blaming Gov Otti of trying to dissolve them. Talking from both sides of the mouth.
It’s again a display of ignorance to claim that Gov Alex Otti lacks the power to convene the NEC of LP. In the Constitution of LP, the NEC is the main constitutionally recognised body that is responsible for the overall administration of the LP. (See Article 13(2)(B)(i) of the 2019 LP Constitution, as amended, which is the Constitution of LP recognised by INEC). The NEC has the power to organise both the National Convention or Special Convention, to fill vacancies in the NWC as they may occur from time to time in between National Conventions. (See Article 13(2)(B)(ii)(viii)(xii)(xvi) of the LP). With the expiration of the Abure led NWC, the NEC is composed of Gov Otti and Deputy, the Presidents and General Secretaries of Labour unions representing the platforms, Ex-officio members to be appointed by the National Executive Council, Chairpersons of Women Commissions of labour unions. (See Article 13(2)(A)(iii)(xviii)(xix)(xx) of the LP). Gov Otti is therefore legally correct to convene the NEC with the other statutory members to set up an interim NWC members to organise the convention that will usher in a new LP NWC. The NWC, by LP Constitution, has no business with organising conventions. Abure’s regime is over and any attempt by any person or institution to bring them back is simply an attempt to destroy the democratic fabric of the country. Nigerians must insist on internal democracy and reject any party that refuses to uphold the rule of law.
The most unintelligent argument I have ever seen was found in the communique. Abure said that assuming his tenure has expired, it is still him that has the responsibility to convene NEC. So as Buhari’s regime has expired, he is still the one, in Tinubu’s regime, who has the responsibility to convene the Council of State or FEC meeting? You can now see the quality of people who are governing us. May God help us.
