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Deleting section 84(12) of electoral act still in progress, says Malami
Abubakar Malami, attorney-general of the federation, says the federal government is taking the necessary steps towards deleting section 84 (12) of the Electoral Act, 2022.
The section reads: “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 purpose of the nomination of candidates for any election.”
Last Friday, a federal high court in Umuahia, Abia state, ordered the attorney-general of the federation to delete the section from the amended electoral act.
Evelyn Anyadike, the judge, held that the section was unconstitutional, invalid, illegal, null, void and cannot stand.
Anyadike ruled 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 to resign at least 30 days to the date of the election.
Addressing journalists in Abuja on Wednesday, Malami said the process of implementing the judgment is still ongoing.
“By the judgment, the court directed the office of the attorney-general to take the necessary steps to delete the provision, which in essence implies that the provision should not form part of our laws,” he said.
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“Whether it has been deleted or has not been deleted, is indeed a function of agencies of government and associated, relevant parastatals.
“But the true position of it in that respect is the fact that government printers, and indeed Law Reform Commission, among others, that are responsible for the codification and gazetting of our laws, are working naturally, hand in hand with the office of the attorney general for the purpose of ensuring that what goes into our laws are indeed in line with the provision of the law.
“So what I am saying in essence, it is indeed a work in progress against the background of the fact that the Law Reform Commission is involved statutorily, which is a parastatal under the office of the attorney general, is a party to the process of codification.
“The government printers, which is saddled with the responsibility of gazetting our laws on the request of the office of the attorney general, is equally involved.
“And above all, as you rightly stated, the possibility of an appeal is equally there. So, what I am saying in effect is the deletion of section 84 Subsection 12 is a work in progress and is being considered as such.”
Meanwhile, the house of representatives has described the judgment as an aberration and vowed to appeal against the verdict.
The green chamber is contending that the court has no right to interfere with the powers of the national assembly to make laws.
THE CABLE
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Senate passes Bill proposing N50,000 fine for preaching, hawking in commercial buses
Senate passes Bill proposing N50,000 fine for preaching, hawking in commercial buses
The Nigerian Senate has passed the Federal Road Safety Corps (FRSC) Amendment Bill, 2026, proposing significantly tougher penalties for traffic offences, including a N50,000 fine for individuals who preach, hawk or engage in trading inside commercial buses.
The landmark legislation, approved during plenary on Thursday, is part of ongoing efforts to strengthen road safety in Nigeria, improve compliance with traffic regulations and reduce the rising number of road crashes across the country.
However, the bill has not yet become law. It will only take legal effect after receiving presidential assent from President Bola Tinubu.
One of the most notable provisions of the proposed amendment is the introduction of a N50,000 fine for anyone found preaching, hawking or carrying out commercial activities inside commercial vehicles.
Lawmakers explained that such activities often distract drivers, obstruct passengers and increase the likelihood of road accidents, particularly in densely populated urban areas where commercial buses serve thousands of commuters daily.
The bill also introduces stricter sanctions for motorists who refuse to cooperate with Federal Road Safety Corps (FRSC) officials during roadside enforcement exercises.
Under the proposed law, any driver who declines to undergo a breathalyser test when reasonably suspected of driving under the influence of alcohol or drugs would face a N50,000 fine, six months’ imprisonment, or both upon conviction.
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The Senate further approved a substantial increase in penalties for driving under the influence of alcohol or intoxicating substances. If the bill receives presidential assent, offenders would be liable to a N100,000 fine, replacing the current N5,000 penalty, in addition to a possible two-year prison sentence or both.
The amendment also raises the punishment for violating traffic lights, road signs, pavement markings and other traffic control devices to N100,000, reflecting the government’s determination to improve discipline on Nigerian roads.
Motorists caught exceeding speed limits would equally face a N100,000 fine, replacing the existing N5,000 sanction.
Similarly, reckless driving would attract a N100,000 fine, imprisonment for up to two years, or both, depending on the severity of the offence.
According to the revised schedule attached to the legislation, the Senate reviewed 52 traffic offences, increasing penalties across most categories to reflect present-day economic realities and strengthen deterrence against dangerous road behaviour.
The amendment seeks to modernise the FRSC Act by expanding the enforcement powers of the corps, strengthening compliance with traffic regulations and improving public safety through stricter enforcement measures.
Road safety experts have repeatedly argued that many penalties under the existing law had become obsolete due to inflation and no longer served as effective deterrents against traffic violations.
Data from the Federal Road Safety Corps consistently identifies speeding, dangerous driving, drunk driving, driver distraction, overloading and disregard for traffic signs among the leading causes of road crashes in Nigeria, resulting in thousands of deaths and injuries every year.
Supporters of the amendment believe the proposed stiffer penalties will encourage greater compliance with traffic laws and ultimately reduce road accidents. However, some stakeholders have called for sustained public awareness campaigns, improved road infrastructure and fair enforcement to ensure the new penalties achieve their intended objectives without imposing undue hardship on road users.
The bill will now be transmitted to President Bola Tinubu for assent. If signed into law, it will introduce one of the most comprehensive overhauls of Nigeria’s traffic regulations in recent years, significantly increasing penalties for dozens of traffic-related offences while reinforcing the FRSC’s mandate to promote safer roads nationwide.
Senate passes Bill proposing N50,000 fine for preaching, hawking in commercial buses
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Appeal Court Restores INEC Guidelines, Paves Way for 2027 General Elections
Appeal Court Restores INEC Guidelines, Paves Way for 2027 General Elections
The Court of Appeal sitting in Abuja has set aside a Federal High Court judgment that nullified key timelines issued by the Independent National Electoral Commission for the 2027 general elections, restoring the electoral body’s authority to enforce its Revised Timetable and Schedule of Activities . In a unanimous decision delivered on Thursday by a three-member panel, the appellate court upheld INEC’s appeal against the May 20 judgment of Justice Mohammed Umar, ruling that the trial court failed to follow binding judicial precedents . The Court held that INEC’s Revised Timetable constitutes subsidiary legislation made pursuant to the Electoral Act 2026, and therefore carries the same force and effect as the principal legislation itself . According to the appellate court, every deadline contained in the revised schedule falls within the provisions of the Electoral Act, and the electoral commission validly exercised its statutory powers in issuing the timetable . The judgment effectively removes the legal uncertainty that had trailed preparations for the 2027 general elections after conflicting judicial decisions created concerns over the validity of the commission’s electoral calendar .
The dispute originated from a suit filed by the Youth Party, marked FHC/ABJ/CS/517/2026, challenging key provisions of INEC’s revised timetable . The party had argued that INEC lacked statutory authority to prescribe the period within which political parties must conduct their primaries for nominating candidates for the 2027 general elections . Delivering judgment on May 20, Justice Mohammed Umar agreed with the Youth Party and declared that INEC could not lawfully abridge the statutory timelines provided under the Electoral Act by prescribing earlier deadlines in its election timetable . The trial court relied on Section 29(1) of the Electoral Act, which gives political parties up to 120 days before an election to submit the personal particulars of nominated candidates, and held that INEC lacked the power to shorten that period . The Federal High Court also ruled that Section 31 of the Electoral Act permits political parties to withdraw and substitute candidates not later than 90 days before an election, making it unlawful for INEC to impose an earlier deadline . Similarly, the trial court held that Section 32 of the Electoral Act does not empower INEC to publish the final list of candidates earlier than the statutory minimum period of 60 days before an election . The court consequently invalidated INEC’s timelines for the conduct of party primaries, nomination of candidates, withdrawal and substitution of candidates, and also set aside the commission’s May 10 deadline requiring political parties to submit their membership registers and databases as a condition for participation in the 2027 general elections .
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Dissatisfied with the judgment, INEC filed a nine-ground notice of appeal dated May 25, urging the appellate court to overturn the decision . The commission argued that the trial court failed to determine a jurisdictional objection it had raised before proceeding to the substantive issues, thereby denying it a fair hearing . INEC maintained that the suit filed by the Youth Party was hypothetical and academic and that the party lacked legal standing to institute and maintain the action . The commission further contended that although Section 29(1) requires political parties to submit candidate names not later than 120 days before an election, the Act equally empowers INEC to coordinate and regulate the electoral process by issuing a timetable that ensures the orderly conduct of elections . INEC also argued that enforcing the Federal High Court judgment would disrupt preparations for the 2027 general elections, submitting that “if the judgment is enforced or executed before the hearing and determination of the appeal, the entire electoral architecture and preparations for the 2027 general elections will be thrown into confusion” . According to the commission, the election timetable is an integrated programme in which every stage—from submission of membership registers and conduct of primaries to nomination of candidates, campaigns and publication of final lists—is interconnected .
The Court of Appeal agreed with INEC’s submissions, with the lead judgment prepared by Justice Adebukola Banjoko and read by Justice Okon Abang . The appellate court faulted the trial court for invalidating the administrative discretion of INEC, stating that “where INEC acts within its power, the courts cannot get involved” . The court also held that the Youth Party lacked legal standing to institute the case, as it did not explain how the guidelines affected its members in the conduct of primary elections for candidate nomination . “There was no deposition or threat that the respondent was prevented from conducting its primaries,” the court stated. “The respondent can only invoke the powers of the court where there are heavy threats to its participation in the election” . The ruling restores all timelines earlier fixed by INEC for party primaries, submission of candidates’ personal particulars, withdrawal and substitution of candidates, publication of the final list of candidates, and other pre-election activities . With the appellate court’s verdict, political parties are now expected to align with the restored timetable as they prepare for primaries, candidate nominations and other activities leading to the next general election . Unless further appealed to the Supreme Court, Thursday’s decision restores the legal foundation for INEC’s 2027 election timetable, allowing the commission to continue implementing its schedule for the forthcoming general elections without the restrictions imposed by the earlier High Court ruling .
Appeal Court Restores INEC Guidelines, Paves Way for 2027 General Elections
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Sanwo-Olu Tours Flood-hit Lagos Communities, Orders Urgent Drainage Works, Long-term Fixes
Sanwo-Olu Tours Flood-hit Lagos Communities, Orders Urgent Drainage Works, Long-term Fixes
Lagos State Governor Babajide Sanwo-Olu on Wednesday embarked on an extensive inspection of flood-ravaged communities in Eti Osa, assuring affected residents of immediate relief measures and long-term infrastructure projects to tackle the persistent flooding that has displaced families, disrupted businesses and submerged roads.
The governor, accompanied by Deputy Governor Dr Obafemi Hamzat, Commissioner for the Environment and Water Resources Tokunbo Wahab and other members of the State Executive Council, spent more than six hours assessing the devastation in Ogombo, Awoyaya, Sangotedo, Gbetu-Iwerekun and Chevron, where weeks of heavy rainfall left many communities under water.
According to a statement by the Governor’s Special Adviser on Media and Publicity, Gboyega Akosile, the inspection was aimed at evaluating the extent of the damage and identifying both immediate and permanent solutions to the flooding crisis.
Residents used the opportunity to present their grievances, lamenting the destruction of homes, impassable roads and the disruption of commercial activities caused by the slow recession of floodwaters.
Sanwo-Olu sympathised with the affected residents and assured them that the state government had already begun clearing blocked drainage channels and removing obstructions along natural waterways to accelerate the discharge of stormwater.
The governor explained that investigations revealed that much of the flooding resulted from blocked natural tributaries and drainage canals, worsened in several locations by indiscriminate refuse dumping and unapproved developments built on natural water channels, which hindered the free flow of water into the lagoon.
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As an immediate intervention, he announced plans to construct bridge deck systems in low-lying communities such as Ogombo and Gbetu-Iwerekun to facilitate faster drainage, while a comprehensive dredging of the Ikota River and the removal of all encroachments along the river course would provide a lasting solution.
“Over the last two days that we have recorded a slowdown in rainfall, it is important we quickly come out and see where we need to do drainage improvements and additional investment in constructing infrastructure that would help clear the natural water channels,” the governor said.
He noted that although the unprecedented rainfall recorded over the past three weeks contributed significantly to the flooding, human activities had compounded the problem.
“Given the volume of rainfall we have witnessed in the last three weeks, we discovered that the major factor responsible for the flooding is natural occurrence, even though we have done our best to preserve and protect the natural channels of water.
“However, in recent times, we have observed constriction and impediments arising from developments along the natural flow of water.”
Sanwo-Olu said aerial drone footage confirmed that several structures obstructing natural drainage routes were erected without approval, reducing the waterways’ capacity to discharge stormwater into the lagoon.
He also attributed flooding in some locations to extensive land reclamation and soil filling, which trapped water and necessitated mechanical excavation to restore proper drainage.
During his inspection of Chevron Drive, the governor observed that some property developments had blocked critical water channels, resulting in flooding across Victoria Garden City, Ajiran, Osapa London and Orchid Road.
He disclosed that the state government had already commenced the demolition and removal of structures obstructing the Ikota River corridor to reopen key outlets for floodwater.
“If we are able to open these two water outlets, this will significantly relieve the pressure we have seen even from the Orchid and Osapa London axis of Eti Osa. The work is ongoing and we hope these measures will bring lasting solutions to the problem,” Sanwo-Olu said.
Sanwo-Olu Tours Flood-hit Lagos Communities, Orders Urgent Drainage Works, Long-term Fixes
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