Electoral Act: Respite For Malami, Amaechi, Others As Court Nullifies Contentious Clause – Newstrends
Connect with us

Politics

Electoral Act: Respite For Malami, Amaechi, Others As Court Nullifies Contentious Clause

Published

on

Malami

Respite came the way of Rotimi Amaechi, Abubakar Malami, Chris Ngige and other appointees who are nursing ambition in 2023 as a Federal High Court on Friday nullified section 84 (12) of the amended Electoral Act, which requires them to resign before participating in primaries, convention and other electoral activities.

Buhari had sought the amendment of the act to delete section 84(12), which he said contravened the rights of political officeholders to vote or be voted for in political party conventions and congresses. But the parliament rejected the president’s request.

In line with the section, many state governors have asked their appointees seeking to contest for election to resign.   

Section 84(12) states, “No political appointee at any level shall be a voting delegate or be voted for at the convention or congress of any political party for the nomination of black candidates for any election.”

While Amaechi and Ngige are said to be eyeing the presidency, Malami, who hails from Kebbi State, wants to contest for the governorship seat of his home state. Head of agencies who are set to contest for elections are also going to be affected by this development.

Court nullifies clause 

The Federal High Court sitting in Umuahia, on Friday nullified Section 84(12), saying it was a violation of the provisions of the constitution.

The court, in a judgement delivered by Justice Evelyn Anyadike, held that the section was unconstitutional, invalid, illegal, null, void and of no effect whatsoever, saying it ought to have been struck out.

Mr Nduka Edede, a lawyer and chieftain of the Action Alliance (AA) party had approached the court in the suit that had the Attorney General of the Federation as the defendant

The plaintiff had asked the court to determine whether Section 84(12), when read together with Sections 66(1)(f) 107(1)(f)(137(1)(f) and 182(1)(f) of the 1999 Constitution was not inconsistent.

The court agreed with the submissions and ordered that Section 84(12) of the Electoral Act was inconsistent with the rights of Nigerian citizens.

READ ALSO:

Anyadike held that the said sections already stipulated that appointees of government seeking to contest elections were only to resign, at least 30 days to the date of the election.

She held that any other law that mandated such appointees to resign or leave the office at any time before that was unconstitutional, invalid, illegal null and void, “to the extent of its inconsistency to the clear provisions of the constitution”.

The judge thereafter ordered the Attorney General of the Federation to forthwith delete the said subsection 12 of Section 84 from the body of the Electoral Act, 2022.

The counsel to the plaintiff, Emeka Ozoani, a Senior Advocate of Nigeria (SAN), said that by this judgement, the National Assembly was not required to further make any amendment to the section.

The defense counsel, Mr Chris Nevo, hailed the judgement, saying the court had put to rest, the section that had been in conflict with provisions of the constitution.

INEC reacts 

Reacting to the development, Mr Rotimi Lawrence Oyekanmi, the Chief Press Secretary to the chairman of the Independent National Electoral Commission (INEC), Professor Mahmood Yakubu, told Daily Trust Saturday that it is within the ambit of the judiciary to adjudicate on matters brought before competent courts of law.

“When such cases are tried and judgements are delivered, compliance becomes compulsory for all parties until a higher court decides otherwise.

“The INEC did not institute the case you referred to, nor are we a party to it, therefore, we do not have any opinion on the ruling,” Oyekanmi said.

We’re not aware of suit –  N/Assembly

The Senate spokesman, Senator Ajibola Basiru, said he was not aware of the suit and whether the National Assembly was a party or was served and represented.

Also, the spokesman of the House of Representatives, Benjamin Kalu, said they were not aware of the judgement.  

Court has powers to expunge clause – Lawyers

Paul Ananaba (SAN) said that according to section 6 of the Nigerian constitution, the court has the powers to nullify any section of an act that it deems unconstitutional 

On the effects of the order on the upcoming 2023 general elections, he said it was for the INEC to study and give its guidelines, and that the court ruled based on the circumstances and not really about the timing of the election.

Also speaking, Abdulrasheed Abdulkareem (SAN) said the Federal High Court had powers to set aside any act or law.

He added that the latest decision would not affect the conduct of the 2023 elections as “that provision is only saying if you want to contest, resign. How does that one aspect affect the Electoral Act?”

Similarly, a former attorney-general of Ekiti State, Dayo Akinlaja (SAN) said the court had the powers to make pronouncements invalidating any provision that is found to be unconstitutional, adding that “it has always been the position of the law.” 

“The practice is that once a court has struck down a provision of the law, that provision becomes inoperative.

“Of course, it is a decision of the High Court, anybody who is aggrieved can choose to go on appeal,” he said.

Print new electoral law – AGF 

The Attorney-General of the Federation and Minister of Justice, Abubakar Malami (SAN), said his office would give effect to the decision of the court and would be recognised by the government printers.

In a statement signed by his media aide, Dr Umar Gwandu, the AGF noted, “The Act will be gazetted factoring the effect of the judgement into consideration and deleting the constitutionally offensive provision accordingly. 

“The provision of Section 84(12) of the Electoral Act 2022 is not part of our law and will be so treated accordingly.

“This is in line with the dictates of Chapter 7, Part 4, Section 287 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) on enforcement of decisions that make it a point of duty and obligation on all authorities and persons to have the judgement of the Federal High Court, among others, to be enforced.”

DAILY TRUST

Politics

Northern youths promise Tinubu two million votes in 2027

Published

on

President Bola Ahmed Tinubu

Northern youths promise Tinubu two million votes in 2027

In a bold show of political strength and regional solidarity, the Northern Nigeria Youths Union (NNYU) has pledged to deliver a staggering two million votes for President Bola Tinubu in the 2027 General Elections.

Speaking after a high-powered strategic meeting in Jos, Plateau State, the Chairman of the group, Hon. Abubakar Aliyu, who also holds the traditional title of Galadiman Takai, made the dramatic announcement, describing the union’s commitment as “unshakeable and rooted in patriotism.”

“This declaration follows a massive convergence of passionate Northern youths – both male and female – united by one cause: the continued leadership of Tinubu,” Aliyu declared in a fiery statement released to the News Agency of Nigeria (NAN).

He credited the President’s “unrelenting commitment” to infrastructure and national development, particularly the North, for inspiring the movement. Highlighting Tinubu’s flagship project, the Abuja-Kaduna-Kano superhighway, he said:

“It’s a three-lane marvel on each side. That road alone is a symbol of hope, progress, and a better tomorrow for the North and beyond.”

READ ALSO:

Aliyu also pointed to what he described as the “miraculous crash” in the prices of food and fuel during the just-concluded Ramadan, noting:

“The impact was clear to every Nigerian. For once, the markets breathed. The people felt relief. And they know who made that happen.”

With over 65,000 registered members across the 19 Northern states – both Muslims and Christians – the group insists it is powered solely by volunteer energy and nationalist zeal.

“We didn’t collect a kobo from anyone. This is pure patriotism. We are the people, and we will mobilise voters en masse. The 2027 votes will shock the doubters,” he asserted.

He added that the group’s mobilisation efforts would focus on ensuring that thousands more are registered and equipped with valid voter cards before the polls.

In a pointed appeal to the President, Aliyu urged Tinubu to place his appointees under tight scrutiny to ensure effective governance.

“Let those in government know they are there to serve, not to squander. The people deserve to feel the presence of government at all levels,” he stated.

With this powerful declaration, the political temperature in the North may have just been turned up – and President Tinubu could be looking at a major electoral advantage as 2027 draws near.

Northern youths promise Tinubu two million votes in 2027

Continue Reading

Politics

Buhari’s men pass vote of confidence in Tinubu

Published

on

President Bola Ahmed Tinubu and ex-President Muhammadu Buhari

Buhari’s men pass confidence vote in Tinubu

The CPC bloc had former President Muhammadu Buhari as its leader before the merger to form the APC.
Since the defection of one of its members and a former Governor of Kaduna State, Malam Nasir el-Rufai to Social Democratic Party, SDP, there had been concerns that the CPC bloc in the APC was feeling marginalized and planning to ditch the ruling party.

The bloc in a resolution, yesterday, said: “Recent misleading narratives suggesting defection or discontent among CPC stakeholders are baseless, mischievous, and should be disregarded.

“We remain a vital part of the APC, fully committed to its leadership and vision.”

Those who signed the resolutions include a former Governor of Nasarawa State, Senator Umaru Al-Makura, former Governor of Katsina State and ex-House Speaker, Aminu Masari, Mallam Adamu Adamu, Senator Ibrahim Musa, Senator Mustafa Salihu, Farouk Aliyu, Almajiri Geidam, Waziri Bulama, Dr. Nasiru Argungu and Dr. Dominic Alancha.

Others were Ayuba Balami, Mr. Osita Okechukwu, Chief Okoi Obono-Obla, Lucy Ajayi, Captain Bala Jibrin, Uche Ufearoh, Alh. Yusuf Salihu, Abubakar Maikudi, Engr. Mutallib Badmus, Alh. Muhammed Datti, Muhammed Etsu, Chief Jerry Johnson and Alh. Alkali Ajikolo.

Part of the resolutions read: “We, the undersigned leaders and dedicated members of the former CPC, instrumental in the historic merger that birthed the APC, issue this statement to reaffirm our unwavering loyalty to our great party and express our strong solidarity with the administration of President Tinubu.

READ ALSO:

“Recent misleading narratives suggesting defection or discontent among CPC stakeholders are baseless, mischievous, and should be disregarded. We remain a vital part of the APC, fully committed to its leadership and vision.

“We categorically state that we have neither left the APC nor do we intend to leave. The CPC bloc remains one of the APC’s foundational pillars, and we are resolute in our commitment to the party and its progressive ideals.

“As a legacy party within the APC, we take pride in the sacrifices made to build a platform that fosters national unity, justice, and development. We will not allow individuals to dismantle the party we helped build through years of tireless dedication.

“Attempts to sow disunity within the party and the country do not reflect the will or position of genuine CPC core members and are wholly unacceptable.

“We fully endorse the economic and governance reforms led by President Tinubu. While these policies may present challenges, they are crucial steps toward rebuilding our economy and securing a prosperous future for all Nigerians. We urge patience and collective support as their benefits unfold.

“We acknowledge that some members may feel sidelined, but such concerns are not unique to any one bloc. We encourage those affected to seek redress through established constitutional channels within the party, rather than resorting to negative public agitation or hasty exits.

“At this pivotal moment in Nigeria’s democratic journey, all APC members, especially those deeply rooted in the party’s formation, must work together to preserve its legacy and consolidate Nigeria’s democracy. Actions that undermine our unity and national stability must be avoided.

“We urge APC leadership to increase engagement with members at all levels. Strengthening internal communication will foster inclusiveness, reduce tensions, and enhance support for the party’s programs. Party unity must be continuously nurtured to sustain past gains and secure a prosperous future.

“We therefore reaffirm our loyalty to the APC and our steadfast support for President Tinubu. The CPC family remains a crucial pillar of the APC and will continue to play a responsible role in its growth and in Nigeria’s progress.”

Buhari’s men pass confidence vote in Tinubu

Continue Reading

Politics

Rivers administrator Ibas denies summoning Fubara, deputy

Published

on

Rivers administrator Ibas denies summoning Fubara, deputy

Sole Administrator of Rivers, Ibok-Ete Ibas, has denied summoning suspended governor of the state, Siminalayi Fubara, and his deputy, Ngozi Odu.
There were claims that the sole administrator had summoned Fubara to appear before a panel of inquiry regarding the appointments he made before his suspension.
President Bola Tinubu declared an emergency rule in Rivers on March 18, citing the protracted political crisis in the state.
Tinubu also suspended Fubara, Ngozi Odu, his deputy, and all members of the Rivers assembly for a period of six months.
The President appointed Ibas, a retired naval chief, as the state’s sole administrator.
In a statement issued on Wednesday, the Permanent Secretary in the office of the secretary to the Rivers State government,Dede Friday, described the report as a malicious fabrication.
The statement read, “The Rivers State Government has become aware of fraudulent announcements circulating on social media, falsely attributed to the Office of the Secretary to the State Government (SSG).
“These malicious fabrications are designed to mislead the public, create panic, and disrupt the peace in Rivers State.
“One such fake announcement falsely claims that His Excellency, Sir Siminalayi Fubara, the suspended Governor of Rivers State, and the Deputy Governor, Prof. Mrs. Ngozi Nma Odu, were summoned to a meeting at the Government House on Friday, April 18, 2025.
“The Rivers State Government categorically states that this announcement is fake and did not originate from any official source.”
Friday urged the public to disregard the report, adding that it is the work of “troublemakers”.

Continue Reading

Trending