By Chimezie Godfrey
The APC Diaspora Committee of Chairmen have requested for further amendments of the party’s constitution at the forth coming APC National Convention.
The Committee which disclosed this in a pre-action notice signed by Manni Ochugboju, Principal Partner Ochugboju & Co Attorneys and submitted to the APC Head Office Abuja on Friday, noted that their request for the amendment was in accordance with the Party’s Constitution.
They Diaspora Committee Chairmen disclosed that their request is for them to be made part of the Party Organisation in Article 10 (A) (iii), as Diaspora Chapter.
The committee which expressed worried that their democratic right to propose an amendment may be truncated or frustrated, threatened to sue the party should they fail to grant their request.
The Pre-action notice reads in part: “We have been instructed by the APC Committee of Diaspora Chairmen, to advise and assist with their proposal for amendment of the APC Constitution, and if need be, to institute legal action to suspend the proposed adoption of the amended constitution.
“You will recall that on the 14th February 2022, the APC Committee of Diaspora Chairmen submitted a NOTICE of proposed further amendments of the APC Constitution, in accordance with Article 30 of the Party’s 2014 Constitution.
“The object of the NOTICE of proposed further amendment is to deepen internal party democracy, ensure mass participation, inclusivity, equity, and a stronger, better, more progressive party framework. It is also, to enable the APC galvanise its vast diaspora members, to promote growth and development in Nigeria, provide equal opportunity, and enrich the progressive philosophy and praxis of the Party.
“The APC Committee of Diaspora Chairmen acknowledges with respect and thanks, the statement of the Secretary of the Party Dr John James Akpadoehedehe, of 16th February 2022, which states;
“In accordance with Article 30 of the APC Constitution 2014, notice of proposed amendments to the Party’s Constitution was published in National Newspapers on Friday, February 11, 2022. However, proposed amendments contained in Article 12 were inadvertently omitted. They are provided hereunder as follows: ARTICLE 12 COMPOSITION OF PARTY ORGANS; …12.1 National Convention…xv. The Chairman and Secretary of the Committee of Diaspora Chairmen”.
“The inclusion of the Chairman and Secretary of the Committee of Diaspora Chairmen in the Party’s National Convention, two days after they lodged a protest against their exclusion is appreciated.
“However, their belated inclusion in the Party’s National Convention does no cure the structural inequity of not being fully implanted as a wing of the party in the proposed constitutional amendment. Hence, the proposed further amendment of the APC Constitution is imperative.
“As you will see from the proposed further amendments of 14th February 2022, the APC Diaspora Committee of Chairmen have respectfully requested to be made part of the Party Organisation in Article 10 (A) (iii), as Diaspora Chapter. It has in the alternative also been suggested that they could be made an additional Wing of the Party under Article 10 (C) (iv) “Persons Living in Diaspora”.
“Under Article 11 (A) Party Organs, they have suggested, their inclusion in Article 11 (A) vii. State Congress / Diaspora Chapter Congress. viii. State Executive Committee / Diaspora Chapter Executive Committee, ix. State Working Committee / Diaspora Chapter Working Committee.
“For other Organs, they suggested the establishment of a “Diaspora Caucus”. And also:
“Under Article 8 Secretariat, they proposed , “vi….Offices at the Diaspora shall be determined by the Country Executive Committee.”
“Article 12.4 National Working Committee, to include; xviii. the Chairman of Diaspora Caucus.
“Article 12:22 – to establish a Diaspora Chapter Executive Committee.
“Article 12.23 – to establish a Diaspora Chapter Caucus.
“Article 12.24 – to establish a Diaspora Chapter Working Committee.
“Our clients have prayed to be allowed to move the motion for further amendments at the forth coming APC National Convention, in accordance with the Party’s Constitution. They are worried that their democratic right to propose an amendment may be truncated or frustrated, and have urged you to please protect and safeguard their right.”
The Diaspora Committee stated that in furtherance of the necessary consultation for constitution review, and for the good of the Party, it will be pertinent to adopt a substantial part or all of the suggestions canvassed by the APC Diaspora Committee of Chairmen.
“Just as your statement of 16th February 2022, rightly made a concession by including the Diaspora in the National Convention, our clients are of the view that further concession by adapting or affirming their proposal would be constructive and pragmatic.
“However, in the inauspicious event that our clients are frustrated or prevented from moving the said motion for amendment, or you unreasonably reject the inclusion of the proposals in the proposed amendment, it is our clients’ intention to take legal action to seek redress.
“Should such a legal action be initiated, we are instructed to demand for, among others:
(i) An injunction to suspend any amended APC 2022 Constitution.
(ii) An order of the Court to enable further and broader intra Party consultation on the Constitution Review.
(iii) An order as to legal costs.
(iv) And any other order that the court may deem necessary.
“Take NOTICE that the impending legal action will be filed four weeks after the APC Convention, if the suggested amendments are not fully or sufficiently adapted.
“Our clients are mindful of the Party’s policy to vigorously explore internal dispute settlement, and to exhaust it, before considering any legal action.
“In that regard, this letter before action is also a call to diligently and judiciously consider the proposal canvassed by the Committee of Diaspora Chairmen dated 14th February 2022.
“A stitch in time saves nine,”the Committee warned.
