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 David Torough, Abuja
A coalition representing four local government areas in Zamfara North Senatorial District has launched a scathing attack on Governor Dauda Lawal, branding his administration a “monumental failure” after two years in office.
In a statement on Wednesday, the coalition—made up of Kauran Namoda, Birnin Magaji, Shinkafi, and Zurmi communities—accused Governor Lawal of abandoning his campaign promises and worsening the region’s insecurity, poverty, and infrastructure decay.
Speaking on behalf of the coalition, Chairman Yakubu Ibrahim Shinkafi lamented the dire conditions residents now face.
“People can no longer sleep with both eyes closed.
They cannot go to their farms. They wake up and sleep in hunger,” Shinkafi said.“Yet, during the 2023 campaign, he promised to end insecurity and hunger within two weeks.”
The coalition highlighted the unrelenting wave of banditry, kidnappings, and extortion plaguing their communities.
Shinkafi claimed thousands have lost their lives, while others have been forced to pay millions in ransoms, even as the state government celebrates its second year in office.
“What is he celebrating? He is celebrating failure,” Shinkafi remarked bitterly.
“The situation has deteriorated. Bandits now operate with confidence while the government remains silent.”
Governor Lawal, who came into office in 2023 on promises of swift action to tackle insecurity, had assured voters that peace would return within two weeks of his inauguration. But two years on, residents say the crisis has only deepened.
“Not only has peace remained elusive, but insecurity has now become a permanent nightmare,” the coalition’s statement read.
The group commended the Nigerian Army and other security forces for their sacrifices but argued that the state government has failed to provide necessary support and leadership.
“There is no adequate intelligence cooperation, no visible engagement with communities, and no strategic direction from the governor,” the statement added.
“He has abandoned his duties and disconnected from the people’s plight.”
Beyond security concerns, the coalition criticised the collapse of essential services, pointing to deteriorating healthcare, education, and infrastructure.
“The hopes people had when Governor Lawal took office have turned into despair,” Shinkafi said.
“Our communities are calling for a serious reassessment of priorities. We demand leadership and an end to the deception.”
“Zamfara State deserves better,” the statement said .
“We will not allow our lives to be destroyed under the weight of a failed administration.”
The All Progressives Congress (APC), has commended Nigerians for their understanding and support to President Bola Tinubu-led administration in the last two years.
Mr Felix Morka, the party’s National Publicity Secretary made the commendation on behalf of the party, while speaking with newsmen in Abuja on the midterm anniversary of the Tinubu-led administration.
He said that the country was on a progressive path under Tinubu, adding that more support and understanding were needed from the citizens.
“We applaud Nigerians for their invaluable understanding and support so far and we crave their continued support to Mr President for the second half of the tenure and beyond.
“The support will enable the administration unpack the fullness of the Renewed Hope Agenda for the overall good of Nigerians,”Morka said.
He noted that in the face of daunting generational challenges, Tinubu’s administration had demonstrated political will never before recorded in our contemporary political history.
Morka said that like a confident surgeon, Tinubu had enacted and continued to enact policy reforms skillfully designed to give the country, not just a chance for urgent resuscitation, but a real shot at rejuvenating its wellness.
He said that the APC leadership remained conscious of the challenges Nigerians were going through because of the inevitable policy reforms the Tinubu-led administration had to take in the interest of all.
He added that in all, the best interest and well-being of the current and future generations remained at the core of Tinubu’s thinking and actions.
Morka noted that some of the reforms of the administration include; the removal of fuel subsidy and harmonising multiple exchange rates among others.
These he said were inevitable and crucial steps to stabilising and positioning the economy for steady and sustainable growth.
“At midterm, the pall of gloom over our nation has been lifted and replaced by a dawn of rebounding optimism and progress.
“Signs and indications have never been clearer in our recent history, of a resurgent economy heralding strong prospects of a vibrant and prosperous future for our country, “Morka said.
He said that the Tinubu-led administration’s relentless war against oil theft had helped boost oil production, adding that our production now standing upwards of 1.8mbpd.
The APC spokesman said this surpassed the Organisation of Petroluem Exporting Countries (OPEC’s) quota, for the first time in recent history.
According to him, the massive reforms and investments in oil and gas sectors totaling over 8 billion dollars, had improved the ease-of-doing-business in the country.
He said that the development had revitalised stock market for enhanced profitability and attracted Foreign Direct investments (FDIs) in excess of 50 billion dollars.
Morka added that under the administration, the country had posted trade surpluses all for consecutive quarters since 2023.
“The historic Gross Domestic Product (GDP), growth of 3.38 per cent in Q4 of 2024 has been lauded by both the International Monetary Fund (IMF) and the African Development Bank (AfDB) as incontrovertible index of a rebounding economy.
“In its determination to enhance peace and security, the administration has left no stone unturned in its renewed fight against terrorism and banditry.
“Thankfully, the massive supports for military welfare and funding of the Armed Forces have resulted in the neutralising of more than 13,500 terrorists and arrests of nearly 18,000.
“With many internally-displaced persons (IDP’s) camps being shut down and displaced persons returning to their homelands, farmers are now accessing their farms with attendant crash in food prices,” Morka stated.
He said the administration had done remarkably well in the education and health sectors as well as improving basic infrastructure across the country.
“In the critical health sector, the administration has equally left indelible footprints by approving 21 strategic policies with direct bearing on the health of Nigerians.
“It has disbursed more than N80 billion to revatilise more than 8,000 primary healthcare centres (PHCs) across the 36 states and the Federal Capital Territory (FCT).
“Empirically, a lot more have been accomplished in the creative industry, solid minerals, power, energy, oil and gas sectors among others,’’ he said.
Morka advised Nigerians to continue to support the administration, saying that Tinubu is determined to serve Nigerians better in the concluding half of his four-year tenure,” he said.(NAN)
Mr Asue Ighodalo, the Peoples Democratic Party (PDP)’s candidate in the Sept. 21, 2024 governorship election in Edo, has said that he would not allow injustice to go unchallenged.Ighodalo stated this in a statement on Thursday in reaction to the Court of Appeal’s judgment which affirmed the electoral victory of Gov.
Monday Okpebholo of the All Progressives Congress (APC). “My good people of Edo State, today, the Court of Appeal delivered its judgment on our petition challenging the declared outcome of the September 21st, 2024 governorship election in Edo State. “As with the judgment of the tribunal, we have received this decision with deep disappointment, but also with unwavering resolve to continue our pursuit of justice.“As democrats and patriots, we remain anchored in our belief in the rule of law.“But we cannot, and will not, allow injustice to go unchallenged,” he said.According to him, I have therefore instructed my legal team to approach the Supreme Court of Nigeria to seek redress.“We do so for every voter who queued patiently with hope in their hearts, for every young person who dreams of a better Edo State, and for every Nigerian who still believes that democracy must be well practised to yield a great country.“The Supreme Court now bears a profound responsibility, not only to interpret the law and apply same to available facts, but to defend the democratic principles that give the law its meaning.“We approach the apex court with full confidence in its integrity, its independence, and its role as the final guardian of justice in our republic.“We believe their Lordships will consider not just the letter of the law, but the greater implications for democracy, justice, and public trust.“The eyes of Edo people, and indeed all Nigerians, now look up to the Supreme Court with hope,” he said.He said though he acknowledged the court’s pronouncement, he believed that the judgment, like that of the tribunal before it, “failed to address the grave concerns we raised regarding widespread acts of non-compliance with, and clear violations of the Electoral Act.”According to him, our struggle has never been about personal ambition.“It has always been about standing with the people of Edo State and defending their sacred right to freely choose their leaders through a credible, transparent and fair election.“That right was brazenly subverted on September 21st, 2024.“The decisions of both the Tribunal and the Court of Appeal, though rendered in the name of the law, in effect ignore the will of the people and reward blatant electoral irregularities,” he added.Ighodalo, however, urged all his supporters to remain peaceful, vigilant and steadfast.“This is not the end. It is simply the next chapter in our collective struggle for truth, justice, and a bright future for our dear Edo State.“We remain resolute. We remain committed. We remain undaunted.“And we shall not rest until the voices of our people are heard and their stolen mandate restored,” he concluded.(NAN
Israel Vows to Build Jewish Settlements, Rejects Macron’s Call for Palestinian State
Share “Do not threaten Israel with sanctions” as it will continue to build a “Jewish state” on the ground,” Israeli...
Stock Market Sheds N48bn Amid Sell-offs
Share The stock market on Friday closed the week on a bearish note, as key performance indicators dipped by 0.07...
Judiciary Workers Threaten Strike from June 2
Share The Judiciary Staff Union of Nigeria (JUSUN) has directed its members in all federal courts nationwide and other judicial...
Customs Intercepts 39,425 Litres of Smuggled Petrol
ShareThe Comptroller-General of the Nigeria Customs Service, Bashir Adeniyi, said Operation Whirlwind intercepted 39,425 litres of petrol worth ₦39.4 million...
Enugu Govt. Says Suspected Ritualist, Obieze, will Face Wrath of Law
Share The Enugu State Government says the arrested suspected ritualist and kidnap kingpin, Obi-Levi Obieze, will face the full weight...
Zamfara Gov., Residents Celebrate Return of Peace
ShareGov. Dauda Lawal has expressed joy over the return of peace and security in Zamfara, saying that the State Government...
WHO Seeks Urgent Action to Ban Flavoured Tobacco, Nicotine Products
ShareThe World Health Organisation (WHO) on Friday launched a new publication and called on governments to urgently ban all flavours...
Anniversary Celebration: C’River Govt. Showcases Otu’s Landmark Projects
Share The Cross River Government, on Friday, conducted newsmen round some of the completed and ongoing landmark projects undertaken by...
Police Crack Down on Armed Robbery, Vehicle Theft in Kaduna
ShareThe Police Command in Kaduna State, said it has has made significant strides in combating crime, arresting suspects and recovering...
New NSCC D-G Assumes Office, Promises Inclusion of Nigeria’s Senior Citizens
ShareThe newly appointed Director-General, National Senior Citizens Centre (NSCC) Mrs Omobolanle Akinyemi-Obe, has pledged to lead a renaissance in the...
Arabic
Chinese (Simplified)
Dutch
English
French
German
Italian
Portuguese
Russian
Spanish