POLITICS
Buhari Asks Supreme Court to Interpret Section 84(12) of Electoral Act
* National Assembly Counters President, Malami
* Court Asks PDP to Reassess Stand on Suit Against FG
President Muhammadu Buhari and the Attorney-General of the Federation (AGF) and the Minister of Justice, Abubakar Malami, have filed a suit at the Supreme Court, seeking an interpretation of Section 84(12) of the Electoral Amendment Act 2022.
In the suit filed on April 29, the President and AGF, who are the plaintiffs, listed the National Assembly as the sole defendant.
They are seeking an order of the apex court to strike out the section of the Electoral Act, saying it is inconsistent with the nation’s Constitution.
According to the court document, the plaintiffs contend that Section 84 (12) of the Electoral (Amendment) Act, 2022 is inconsistent with the provisions of Sections 42, 65, 66, 106, 107, 131, 137, 147, 151, 177, 182, 192 and 196 of the Constitution of Federal Republic of Nigeria, 1999, (as amended), as well as Article 2 of the African Charter on Human and People and Peoples Rights.
President Buhari and Malami also contended that the Constitution already provides qualification and disqualification for the offices of the President and Vice President, Governor and Deputy Governor, Senate and House of Representatives, House of Assembly, Ministers, Commissioners, and Special Advisers.
They urged the court to make: “A declaration that the joint and combined reading of Sections 65, 66, 106, 107, 131, 137, 147, 151, 177, 182, 192 and 196 of the Constitution of the Federal Republic of Nigeria, 1999, (as amended); the provision of Section 84 (12) of the Electoral Act, 2022, which also ignores Section 84(3) of the same Act, is an additional qualifying and/or disqualifying factors for the National Assembly, House of Assembly, Gubernatorial and Presidential elections as enshrined in the said constitution, hence unconstitutional, unlawful, null and void.”
In the same vein, the National Assembly has asked the Supreme Court to strike out the suit instituted by President Buhari.
The National Assembly, in its counter-affidavit, filed by its lawyer, Kayode Ajulo, said the Supreme Court cannot be invoked to amend the provision of any law validity made by lawmakers in the exercise of their legislative powers as granted by the Constitution.
They argued that the 1999 Constitution, as amended gave the National Assembly the power to make laws for good governance in Nigeria.
National Assembly Counters President, Malami on Section 84(12)
The National Assembly has countered a suit filed by President Muhammadu Buhari and the Attorney-General of the Federation (AGF) and Minister of Justice, Abubakar Malami, on the controversial Section 84(12) of the Electoral Amendment Act 2022.
While the President and minister asked the Supreme Court to interpret the provision of the section of the law, the lawmakers opposed the request to strike it out.
Their position was contained in a counter-affidavit filed by the counsel to the National Assembly, Kayode Ajulo, on Monday at the apex court in Abuja.
The National Assembly asked the Supreme Court to strike out the suit instituted by President Buhari and Malami, saying the court cannot be invoked to amend the provision of any law validity made by lawmakers in the exercise of their legislative powers as granted by the Constitution.
According to them, the 1999 Constitution as amended gives the National Assembly the power to make laws for good governance in Nigeria.
Besides seeking interpretation of the contentious section, the President and the minister, in the suit filed on April 29, sought an order of the apex court to strike out the section of the Electoral Act.
The duo who were plaintiffs in the suit contended that Section 84 (12) of the Electoral (Amendment) Act, 2022 was inconsistent with the provisions of Sections 42, 65, 66, 106, 107, 131, 137, 147, 151, 177, 182, 192 and 196 of the Constitution of Federal Republic of Nigeria, 1999, (as amended), as well Article 2 of the African Charter on Human and People and Peoples Rights.
For them, the Constitution already provides qualification and disqualification for the offices of the President and Vice President, Governor and Deputy Governor, Senate and House of Representatives, House of Assembly, Ministers, Commissioners, and Special Advisers.
President Buhari and Malami, therefore, prayed the court for “A declaration that the joint and combined reading of Sections 65, 66, 106, 107, 131, 137, 147, 151, 177, 182, 192 and 196 of the Constitution of the Federal Republic of Nigeria, 1999, (as amended); the provision of Section 84 (12) of the Electoral Act, 2022, which also ignores Section 84(3) of the same Act, is an additional qualifying and/or disqualifying factors for the National Assembly, House of Assembly, Gubernatorial and Presidential elections as enshrined in the said constitution, hence unconstitutional, unlawful, null and void.”
Electoral Act: Court Asks PDP to Reassess Stand on Suit Against FG
A Federal High Court (FHC), Abuja, yesterday, asked the Peoples Democratic Party (PDP) to take a critical look at the development in its suit to know if it could still continue with the case.
Justice Inyang Ekwo gave the advice after counsel to the PDP, Joseph Daudu, SAN, informed the court that based on the Court of Appeal judgment sitting in Abuja, the FHC could continue with the matter before it.
The PDP had sued the President, the Attorney-General of the Federation (AGF), Senate President, Speaker of the House of Representatives and Clerk of National Assembly.
It also sued Senate Leader, House of Representatives Leader and the Independent National Electoral Commission (INEC) as 1st to 8th defendants respectively.
Others include Deputy Senate President, Deputy Speaker of House of Representatives, Deputy Senate Leader and Deputy Leader of the House of Representatives as 9th to 12th defendants in the matter.
The court had also joined Allied People’s Movement (APM) as 13the defendant in the suit marked: FHC/ABJ/CS/247/2022.
The PDP had challenged the legality or otherwise of the National Assembly tinkering with Section 84(12) of the Electoral Act, after it had been signed into law by President Muhammadu Buhari.
Amidst debate about the subject matter, a Federal High Court, Umuahia in Abia and presided over by Justice Evelyn Anyadike, on March 18, ordered the AGF to delete Section 84(12) of the Act.
Anyadike, in the judgment, held that the section was “unconstitutional, invalid, illegal, null, void and of no effect whatsoever and ought to be struck down as it cannot stand when it is in violation of the clear provisions of the Constitution.”
Anyadike held that Sections 66(1)(f), 107(1)(f), 137(1)(f), and 182(1)(f) of the 1999 Constitution already stipulated that appointees of government seeking to contest elections were only to resign at least 30 days to the date of the election.
But the Court of Appeal in Abuja, on May 11, vacated the judgement of the Federal High Court in Umuahia, Abia State, which voided the provision of Section 84(12) of the Electoral Act, 2022.
The appellate court, in a unanimous decision by a three-member panel of justices led by Justice Hamma Akawu Barka, held that the person that instituted the matter at the lower court, Mr Nduka Edede, lacked the locus standi to do so.
The appellate court, which invoked its constitutional powers to look at the substantive suit on its merit, however held that Section 84(12) was unconstitutional and in breach of Section 42 (1)(a) of the 1999 Constitution (as amended), stressing that the section denied a class of Nigerian citizens their right to participate in election.
When the matter was called on Monday, Justice Ekwo told Daudu that he was aware that an Umuahia division of the court gave a judgment in relation with the subject matter.
“I have also taken judicial notice that the plaintiff (PDP) entered an appeal on the matter and the Court of Appeal has delivered its judgment. What is the position?” the judge asked
Daudu responded that based on the judgment delivered by the appellant court, the coast was clear for Ekwo to continue with the proceedings.
The senior lawyer said that the Appeal Court judgment delivered by Justice Barka could be divided into three prongs.
He said the first prong was that the court found out that Mr Edede who filed the case in Umuahia court had no locus standi (legal right) to do so and the matter was struck out.
He said though the Appeal Court said it was not the final court, there were two other issues to be determined.
He said one of the issues was whether Section 84(12) is in conflict with some of the provisions in the constitution like Sections 66, 177, 182, etc.
He informed that the Court of Appeal held that there was a different between a political appointee and a public servant.
He said the two, therefore, did not collide.
“So there is no conflict,” he said.
He said the court also ruled on the third point on whether the constitutional and fundamental rights of political appointees were affected.
Daudu explained that the appellant court held that their rights would have been affected if the court was dealing with life issues.
The lawyer, however, said Justice Ekwo was not bound by dead issues but life issues, and that since there was no life issues about fundamental rights before the court, the judge should proceed with the matter.
“This case is back to square one. These parties are different from that in Umuahia. So the coast is clear for this court to commence hearing.
“The case has turned out to be as if it has never been heard,” he argued.
The judge then directed Daudu to reassess all the applications in his care based on the development about the matter and take a position.
“Daudu, you need to look at the processes again and when you are ready, I am available so that we know where the matter is going,” Ekwo said.
On his part, counsel to the 1st and 2nd defendants (president and AGF), Oladipo Opeseyi, SAN, told the court that a preliminary objection was filed to oppose the PDP’s application, among others motions.
He said he had a certified true copy of the Appeal Court judgment which he intended to avail the court with.
Opeseyi said though he was yet to be served with any application based on the observations raised by Daudu in open court for him to know if he would reply him, he told the court that the appellant on appeal was also the plaintiff in the matter before the court.
Justice Ekwo, who directed the defendants in the suit to respond to the PDP submission, adjourned the matter until May 24 for hearing. (NAN)
By Mike Odiakose, Abuja
A former Chieftain of the All Progressives Congress (APC), Dr Jackson Lekan Ojo, has dispelled speculations that there is a peace deal between Rivers State Governor Simi Fubara and FCT Minister, Nyesom Wike.
Jackson Ojo declared on Sunday that instead of a peace accord, what is presently on ground is akin to a political surrender agreement that will render the governor totally impotent politically.
According to him, all items on the agreement are one sided in favour of Wike who was on the negotiation table with his team whereas Governor Fubara was there without any supporter.
He declared that Governor Fubara was overwhelmed and tired of the whole issue and simply surrendered to Wike.
“I wonder why some people say there was a peace accord between Governor Simi Fubara and Nyesom Wike. There was never a peace accord between Wike and Simi. What we saw was Simi surrendered.
“When you are talking about peace accord, let me go this way. Two communities are fighting and people say we want to settle it. What do you expect. You expect the King and the Council of Chiefs from community A and the King and Council of Chiefs from community B, they will talk and arrive at conclusion.
“They will now work on that conclusion when they must have struck a balance.
“But what happened between these people (Wike and Fubara)? It was Wike and his people. Fubara went there alone without any of his supporters. At the end of the day what happened?
“Part of the condition is that out of 23 local government Chairmen we are going to select all 23; the already had members of the State House of Assembly, the Chief of Staff to the Governor could no longer come closer to the government again, your Secretary to the State Government can no longer come to the government again, there are some selected local government Chairmen that must not come to the government again. At the end of the day somebody agreed that you not run for another election again. They say that is a peace accord.
“When they finished it they went to Mr President in the Villa for Mr President to affirm it. Is that a peace accord? That was not a peace accord.
“I think Simi was tired of it and he surrendered without the consent of the people.”
He chided Governor Simi for succumbing to all the demands of Wike, including the unceremonious dissolution of his grassroot support team, the Simplified Movement.
“At the end of the day when they returned what did Simi say? He gathered his Simplified Movement and discouraged them. Those that printed solidarity caps, and other materials for 2027 he warned them that he didn’t send anybody.
“Again, he dissolved the Simplified Movement, his political movement whereas the Zikist Movement of the early 1960s is still alive. The Awoist is still alive; the Ahmadu Bello is still alive; the People’s Redemption Movement is still alive. What are we talking about?
“Wike’s Grassroot Movement is still alive but you went and dissolved your own movement. Today Governor Simi does not have any alternative political platform.
“Today if he comes back he may not have any commissioner nominated by him, he might not have a single councillor loyal to him, today if he comes back he won’t have a single member of the State House of Assembly loyal to him.
“Is that what you call peace accord? No.
“Somebody has submitted to superior political firepower.
“If a sitting governor was conquered with all the paraphernalia of office, with all the economic power, with all the financial and political muscles, and other things; if somebody outside the power in the State is able to suppress the governor who is there to challenge that authority?
“It will remain like that till thy kingdom comes. That is my prediction.”
End
The former National Treasurer of the Labour Party LP), Oluchi Oparah, dismissed allegations that former Anambra State governor, Peter Obi, misused party funds during his 2023 presidential campaign.
Oparah stated that Peter Obi personally funded his campaign activities and also made financial contributions to the party.
She stated that Obi not only financed his own campaign activities but also played a key role in stabilising the party’s finances upon joining.
“There was nothing of such. Mr. Obi never spent any money meant for the party,” Oparah said on Channels Television’s The Morning Brief, when asked to react to the allegation by a chieftain of the LP, Abayomi Arabambi, that Obi spent party funds on his campaign.
“In fact, he lifted the party from zero level to where it is today,” she added.
She disclosed that before Obi joined the Labour Party, it was deeply in debt and struggled to pay its staff salaries.
She noted that Obi fulfilled all the financial obligations expected of him and went further to donate to the party from his personal resources.
“Mr. Obi fulfilled every righteousness financially towards the Labour Party. There was never a time he asked for a dime from the party, unlike other political parties will do,” she stated.
She also explained the campaign financing structure, stating that each candidate was permitted to operate a separate campaign account, independent of the party’s official accounts.
She explained that the Labour Party also maintained its financial accounts for party activities.
“He spent a lot of money on the Labour Party. We have programmes that Mr. Obi solely financed by himself. Obi spent from his money because the Labour Party did not have a dime,” Oparah said during the interview.
She also condemned what she termed the lack of accountability in the current APC-led administration and called on Nigerians to concentrate on holding the ruling party accountable instead of targeting Peter Obi.
She also challenged those accusing Obi of financial misconduct to come forward with proof of the payments they claim to have made to the Labour Party.
“As far as I am concerned, Mr. Obi was the only person who showed interest in contesting on the platform of the Labour Party.
“So, anyone claiming whatsoever should come out to show us the particular account to which they paid whatever thing they say they paid to the Labour Party,” she maintained.
Oparah praised Obi’s charitable nature, describing his charitable activities as a consistent trait long before his time as a presidential candidate, adding, “Anyone that knows Mr. Obi very well knows that his act of charity is five and six, like the air he breathes.”
End
The Osun State chapter of the Peoples Democratic Party (PDP) has expressed confidence in Governor Ademola Adeleke’s chances of securing re-election in 2026, declaring that the contest would be a “walk in the park” regardless of the opposition’s candidate.
In a statement issued by the party’s Director of Media, Oladele Bamiji, the PDP ridiculed the growing list of governorship aspirants within the All Progressives Congress (APC) describing the trend as both “amusing” and “a parade of political irrelevance.
“Osun is not a rehabilitation centre for serial election losers and self-serving political actors,” Bamiji stated.
He challenged the APC aspirants to explain their sudden interest in returning to power, asking, “What exactly did they leave behind at the Abere government secretariat that now fuels their desperation? Is it the backlog of unpaid salaries, the plight of neglected pensioners, or the crushed hopes of teachers and local government workers under their watch?”
The PDP emphasized that Governor Adeleke’s administration has maintained a people-centric approach, and any APC candidate would find it difficult to convince voters to abandon progress for a troubled past marked by “failure, deceit, and arrogance.
”“They must be ready to face pensioners and explain why their pain went unanswered. They owe explanations to local government workers whose funds were slashed under their leadership and are still being withheld by the APC-led federal government today,” Bamiji added.
He dismissed the opposition’s media attacks against Governor Adeleke as hollow and ineffective, stating, “Throwing insults at a performing governor does not equate to popularity or credibility. The people of Osun no longer vote for deceptive noise; they vote for results they can see.”
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