RES IPSA LOQUITUR, NUJ: LET THE TRUTH SPEAK FOR ITSELF - Abdulwaheed Adubi

Sep 13, 2024 - 18:05
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RES IPSA LOQUITUR, NUJ: LET THE TRUTH SPEAK FOR ITSELF - Abdulwaheed Adubi

My attention has been drawn to the ridiculous response of the National Secretariat of the Nigeria Union of Journalists (NUJ), through Mr Achike Chude, National Secretary (who was appointed in February, 2024 by the National Executive Committee of the Union), over the matter which my counsel, a Senior Advocate of Nigeria (SAN), filed in court on September 10, 2024.

As a bona fide member of the union, I would not have bothered to respond to the very weak, lopsided, mundane and ridiculous response on a matter before the court which could be considered to be subjudice but, owing to the claim that the respondents are yet to be served the court processes, thus, I am at liberty to respond to the outright misrepresentation, misinformation and disinformation of bare facts by the National Secretariat of the NUJ. It is most unfortunate and sad.

The fact as it is, remains that the members of the Central Working Committee (CWC) of the Nigeria Union of Journalists under the leadership of Chris Isiguzo, took oath of office on 7th October, 2021 and have three years tenure as stipulated in Article 5(a)(3) of NUJ Constitution which states: "The Triennial National Delegates’ Conference shall be held every three (3) years at venues to be decided by the NEC for the purposes of: 

(a). Receiving and reviewing reports and accounts; 

(b). Revising the Constitution if and when necessary; 

(c). Deciding on questions of general policy raised upon notice by any member, Chapel or Council to the National Executive 

Council through the National Secretariat of the Union; 

(d). Electing National Officers of the Union.

In addition, Article 6 (10) which states that “No member of the Union shall hold any particular office for more than two (2) terms of three (3) years each.” is instructive.

By virtue of the date of its swearing-in, the NUJ leadership has three (3) good years within which to plan for the next Triennial Delegates Conference which is expected to hold on 6th October, 2024. 

I assert that any shift in this date, has no other name than tenure elongation under the NUJ Constitution and the Nigerian law, and as watchdogs of the society, we are expected to respect the rule of law and uphold the sanctity of our Constitution.

The reference by the NUJ leadership to Article 5(b)(8) as an omnibus provision is unfortunate and this again will require the interpretation of the Court.

Article 5 (b) (8): NEC shall have powers to interpret the Constitution and to determine any question where the Constitution may be silent. (Only where the Constitution is silent and not where it is explicitly stated.)

Going by the law as it is, and as a journalist with media law background, I am aware that the NUJ constitution is not silent on the tenure of its elected officers, hence the NEC has no jurisdiction on this matter. Accordingly, any other interpretation is nothing but, tenure elongation.

Mr. Secretary, your spurious assertion on bad precedents of tenure elongation is strange to our Constitution and will be a matter for the court to resolve. I also pardon your lack of knowledge in the matter since you are new and still learning the ropes but, unfortunately in an inappropriate manner. I really empathize with your difficult situation and position, knowing how you are being manipulated by someone we know too well.

Your spurious attempt to explain the position of tenure elongation only exposed the intention and confirmation of the deliberate attempt by the Chris Isiguzo-led CWC to extend its tenure through the back door against the provisions of the Constitution. 

The laughable assertion and presumption by the leadership of the NUJ that the Constitution Amendment Committee's proposal for 4 years single term was suggestive of the intention of men and women of integrity who served the union diligently to extend the tenure of the present CWC, is a figment of the imagination of Chris Isiguzo.

My preliminary investigation on this matter, clearly indicated that the said provision which was rejected by the conference was one of the suggestions by Chris Isiguzo to the committee.

So, there is the need for me to remind the leadership, that the provision was totally rejected by the members of the union and not Chris Isiguzo who desired it so badly and not as now being claimed.

At this point, it is apt to direct the mind of the National Secretary to the notorious fact that while he was not in Kano, I was in Kano as a delegate to the Conference and aware of what transpired at the conference. 

In essence, your laborious effort to rewrite history of what transpired in Kano, has not in any way wiped out the memory of those of us who attended the conference and what took place therein.

Now to the purported issue you raised regarding the flagrant disregard to the provisions of the Constitution of the NUJ by the leadership of the Union. I will only pick one item which has to do with the timing of establishing the Credentials Committee and I will refer your attention to Article 5(a)(9)(a) which states: "There shall be a Credentials Committee, which shall be put in place three months before the expiration of the tenure of the subsisting Central Working Committee (CWC) to examine the good financial standing of each registered delegate before the conference and the name of any delegate not in good financial standing shall be withdrawn from the list of delegates.

My dear National Secretary, as the custodian of the Constitution of the Union, kindly tell Nigerian journalists that the Credential Committee was set up three months before the expiration of the tenure of the present CWC. 

How can August 9, 2024 be three months to October 6, 2024?

To put it mildly, the setting up of the Credential Committee was a gross abuse of the NUJ Constitution.

It is sad that the leadership of the NUJ displayed crass ignorance of its own body of laws, being the Constitution of the NUJ which was enacted in January 2023 and took effect on 30th May, 2024 and at the same time assuming that it will have a retroactive effect on the tenure of the CWC election that was conducted in 2021?

The union's reference to Article 7(2)(vi), is to say the least most unfortunate, petty, dubious and disappointing.

It is public knowledge that all internal mechanisms and processes of resolving matters arising from elections in the NUJ under Chris Isiguzo have not worked, as he arrogantly jettisoned such in his assumed position of a Garrison Commander who only believes in command structure and not democratic norms. 

In this wise, I will only address two recent issues. 

Mr Secretary, I humbly request you to kindly tell members of the Union, how the NUJ resolved the petitions that arose from the conduct of the election of the Abia State Council of the Union and the petition that arose from the conduct of the recent election in Kwara Council.

By the NUJ Constitution, all the issues were expected to be resolved by the CWC within 21 days.

Please, tell us sir, how the union went about it?

For the aforementioned assertions, see Article 5(a)(10) of the NUJ Constitution which states; “The Central Working Committee of the Union shall have the powers to deal summarily with any complaint arising from elections of State/Chapel conference within twenty-one (21) days.”

It did not state that the National Secretariat or the President, that assumed the role of the CWC.

In all the cases cited, Chris Isiguzo-led leadership has the penchant of disobeying the provisions of the Constitution and you expect members whose rights are being trampled upon to fold their arms and not approach the court, going by your antecedents?

I aver that I have taken the most appropriate step by approaching the court to seek the interpretation of some provisions of the NUJ Constitution in the overall best interest of the Union and not the whims and caprices of an individual. 

On this note, I hold the strong view that the NUJ is the commonwealth of all registered journalists in Nigeria and not the personal property of Chris Isiguzo. 

I so submit.

God bless the NUJ and its dedicated members.

E-signed:

Abdulwaheed Olayinka Adubi

13th September, 2024