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)
The Abia Chapter of the INEC Staff Welfare Association (ISWA) has warned its members to uphold the integrity of the commission and guard against the culture of manipulating election results.
The Abia Chairman of the association, Mr Collins Eze, gave the advice at the group’s general meeting and end-of-year party in Umuahia.
Speaking in an interview with newsmen on the sideline of the ceremony, Eze said that the staff members were adequately aware of their enormous responsibility and should ensure free, fair and credible elections.
He said: “We have also told our colleagues that anywhere they find themselves they should make sure that they do the needful by ensuring transparency in the conduct of elections.
“We have always told them not to allow anybody to induce them with money to manipulate election results.
“I’m happy that they have been building the capacity of our colleagues on election processes.
“So, in the coming years, we won’t have any problem in ensuring free, fair and peaceful elections.”
He said that the end-of-year party was special as it afforded them the opportunity “to wine and dine together as well as thank God for sustaining them in 2024”.
Eze said that his leadership had introduced various means of assisting members in dire financial needs by providing platforms to solicit suppory for them.
He expressed gratitude to members for their support and cooperation, describing them as the “secret behind the success of this administration”.
He said that 34 of at least 350 staff members of the commission in the state retired from service in 2024.
According to him, the development has placed a huge financial burden on the association, in terms of their welfare and entitlement as members.
Report says that each member received a carton of tomato paste as Christmas gift from the association. (NAN)
A chieftain of All Progressives Congress (APC), Mr Osita Okechukwu, has told the Peoples Democratic Party (PDP) to be thankful to God that its 16-year administration was not probed by the successive APC-led governments.Okechukwu stated this on Tuesday in Abuja, while reacting to a statement by PDP congratulating Ghanaians for the conduct of free, fair and transparent general elections.
Report says that PDP had, in a statement, said that the verdict of the people of Ghana in the presidential election was a signal to the APC that its days were numbered. The party’s National Publicity Secretary, Debo Ologunagba, had said in the statement that the power of the people in Nigeria, just like in Ghana, would ‘surely prevail and end the APC’s oppressive rule’.This, he said, would “return Nigeria to the path of good governance, security, political stability and economic prosperity on the platform of the PDP in 2027.”However, in his reactions to Ologunagba’s statement, Okechukwu said that the PDP clan should thank God that former President Muhammadu Buhari and President Bola Tinubu, out of sheer statesmanship, had refused to probe ‘the 16 locus years of PDP administrations’.Okechukwu, a former Director-General of Voice of Nigeria (VON), described the 16 years of PDP administrations as ones full of squandering and lack of plan.He said that Nigeria had yet to recover from the humongous culture of impunity and trust deficit planted by PDP on the Nigerian soil.Okechukwu said corruption was among the culture of impunity, saying it governed the privatisation of Nigeria’s electricity value chain, a key element in the country’s industrialisation drive.“Another is the blatant rigging of the 2007 general elections which the foremost beneficiary, President Umaru Yar’Adua, out of good conscience and noble magnanimity, publicly acknowledged the malfeasance which characterised his victory,” he said.Okechukwu also mentioned what he called conscienceless sale of the legislative and ministerial quarters, the annual rentage of which, he said, was bleeding the country’s treasury.“Another one is the neglect of $23 billion Greenfield Refinery, which could have saved over $70 billion expended on importation of refined petroleum products and which simulated the economic hardship of today,” he said.On why, for nine years, the APC administration could not fix those challenges, he recalled the efforts made by the Buhari administration to reopen talks on the Greenfield Refinery which, according to him, the Chinese regrettably rebuffed.The former VON director-general said that Nigerians were not in a hurry to forget the deliberate breach of the rotational convention of president from the north to the south.He said that the country could not also forget the utter disregard for Section 7 of the PDP’s constitution which expressly mandated zoning.Okechukwu advised the PDP not to insult the sensibilities of Nigerians by assuming that citizens would easily forget how they were put in the harms way.He said that PDP should thank God that Buhari and Tinubu did not want to probe them, adding “that’s why Nigerians cannot decipher the difference between the two political parties.” (NAN)
Sen. Ned Nwoko (PDP-Delta) says that Local Government Administration is central to democracy in Nigeria as it ensures grassroots governance and service delivery at the local level.This is contained in a statement signed by Dr Michael Nwoko, the Chief of Staff to the lawmaker in Abuja on Monday.Nwoko said this on the occasion of the presentation of an award “Icon of Hope” to him by the Association of Local Government Vice Chairmen of Nigeria (ALGOVC).
He was represented by his Chief of Staff. He said that the importance of local government administration in the country could not be overemphasised, as it was the bedrock of democracy.According to him, local governments in Nigeria play key roles in the country’s democracy by promoting participatory democracy, providing services, and representing citizens.“Local Governments help determine local needs and how to meet them. They also act as a link between the centre, state, and local people.“They are created to decentralise power and bring the government closer to the people. They perform both mandatory and concurrent functions.“It is in view of this that I took it upon myself to enhance the viability of local governments through the Paris and London club loan refunds,”he said.Dr Folashade Olabanji-Oba, ALGOVC National Chairman, while presenting the award at its 7th Annual National Conference, said the award was in recognition of the lawmaker’s significant contributions to strengthening local government administration.She highlighted Nwoko’s critical role in ensuring the Paris and London Club loan refunds, a financial breakthrough she said enhanced the capacity of local governments nationwide.(NAN)
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