Buhari, Malami ask Supreme Court to void Electoral Act Section 84 (12) - Newstrends
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Buhari, Malami ask Supreme Court to void Electoral Act Section 84 (12)

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President Muhammmadu Buhari and Attorney General of the Federation (AGF) Abubakar Malami

President Muhammmadu Buhari and Attorney General of the Federation (AGF) Abubakar Malami have asked the Supreme Court to void the provision of Section 84 (12) of the Electoral Act 2022.

Their request is contained in a suit they filed April 29, 2022 before the apex court through a group of private lawyers,  including Lateef Fagbemi (SAN), hired by the Office of the Attorney-General of the Federation.

The suit marked: SC/CV/504/2022 has the National Assembly  as the sole defendant.

The controversial Section 84 (12) of the Electoral Act 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 purpose of the nomination of candidates for any election.”

On May 11, a three-member panel of the Court of Appeal, in Abuja set aside the judgment of the Federal High Court(FHC) in Umuahia which voided the provision of Section 84(12) of the Electoral Act 2022.

The panel headed by Justice Hamma Akawu Barka held that the FHC had no jurisdiction to have entertained the case because the plaintiff, Nduka Edede lacked the locus standi to have filed the suit in the first place.

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It however held that if the court was to determine the case on merit, the provision of Section 84 (12) of the Electoral Act was unconstitutional, being in breach of Section 42(1)(a) of the 1999 Constitution.

Buhari and Malami  are therefore  of the opinion that Section 84 (12)  section of the Electoral Act 2022 is  in conflict with constitutional provisions.

They are contending that the 1999 Constitution has made provisions for qualifications and disqualifications for the offices of the president and vice president, governor and deputy govemor, Senate and House of Representatives, and state Houses of Assembly, ministers, commissioners and special advisers.

The plaintiffs  added that the same Constitution spells out  “the qualifying factors for election into the office of president, vice-president. governor, deputy gavemor, Senate, House of Representatives, Houses of Assembly and ministers. .”

They  are praying the court for the following reliefs:

*A declaration that by the joint and or 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 provisions 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, Houses of Assembly, governorship and presidential elections as enshrined in the said constitution, hence unconstitutional, unlawful, null and void.

*A declaration that having regard to the clear provision of section 1(3) of the Constitution as amended, read together with section 4 of the same constitution, the legislative powers vested in the defendant do not permit or empower them  to make any other law prescribing additional qualifying /disqualifying grounds for election to the National Assembly, Houses of Assembly, governorship  and presidential election outside the express constitutional qualification and disqualification provisions as already provided in each or all of Sections 65, 66, 106, 107, 131, 137, 147, 151, 177, 182, 192 and 196 of the 1999 Constitution   (as amended), and without amendment to any of those sections is for reason of inconsistency, unconstitutional and therefore null and vold.

*A declaration that section 84 (12) of the Electoral Act, 2022 disqualifying a political appointee from being a voting delegate or be voted for at a convention or congress of any political party for the purpose of the nomination of candidates for any election Is discriminatory, inconsistent with and in violent breach of the provision of each or all of Sections 42, 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), as well as Article 2 of the African Charter on Human and Peoples Rights and some is null and void by reason of its inconsistency.

*A declaration that by the introduction of the provisions of Section 84(12) into the Electoral Act, 2022, but in disregard of Section 84(3) of the some Act, the defendant has acted ultra vires the legislative powers vested in it under the provision of section 4 of the Constitution  (as amended) and/or in violation or breach of the provisions of Sections 65, 66, 106, 107, 131, 137, 147, 151, 177, 182, 192 and 196, thereby rendering Section 84(12) of the Electoral Act, 2022 unconstitutional, null and void.

*An order nullifying the provisions of Section 84 (12) of the Electoral Act, 2022 by application of the blue pencil rule, for being unconstitutional, illegal, null and void and having been made in excess of the legislative powers of the defendant as enshrined in Section 4 of the 1999 Constitution (as amended).”

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Mother, Six Children Kidnapped in Fresh Kaduna Bandit Attack

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Commissioner of Police in Kaduna State is CP Muhammad Rabiu
Commissioner of Police, Kaduna State, CP Muhammad Rabiu

Mother, Six Children Kidnapped in Fresh Kaduna Bandit Attack

In a fresh wave of banditry in Kaduna State, a mother and six children were abducted from their home in Kurmin‑Uwa near Janjala community in Kagarko Local Government Area on Friday night. The attack comes less than 24 hours after suspected bandits kidnapped ten residents, including seven members of a single family, in Unguwar Sabon‑Titi, Katari.

According to residents, the raid occurred around 10:23 p.m., with the assailants going directly to the targeted house before whisking away the victims, identified as Ladi Malachy, Patience Malachy, Promise Malachy, Inama Malachy, Peter Malachy, and Aboyi Malachy. Witnesses said the attackers fled into surrounding forests, leaving the community in fear.

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A local resident, Ibrahim Shehu, confirmed the abduction, while a community leader, speaking on condition of anonymity, revealed he alerted security operatives immediately after learning about the raid. However, it remains unclear whether authorities responded promptly. Kurmin‑Uwa is located about two kilometres from Kagarko town, an area that has seen repeated bandit attacks on households.

Security sources indicate that search and rescue operations have been launched, as authorities work to locate the kidnappers and secure the release of the abducted family. Meanwhile, the Kaduna State Police Command has yet to issue an official statement regarding the incident.

The back‑to‑back kidnappings have heightened tension in rural Kaduna communities, with residents calling for intensified patrols, improved security presence, and faster emergency response to prevent further abductions. Analysts warn that without swift action, such violent raids may continue to terrorise villages across the state.

 

Mother, Six Children Kidnapped in Fresh Kaduna Bandit Attack

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INEC Warns ADC Against Holding Convention Without Supervision

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Chairman of the Independent National Electoral Commission (INEC), Joash Amupitan
Chairman of the Independent National Electoral Commission (INEC), Joash Amupitan

INEC Warns ADC Against Holding Convention Without Supervision

The Independent National Electoral Commission (INEC) has cautioned the African Democratic Congress (ADC) against proceeding with its planned congresses and national convention without proper supervision and in defiance of an existing court order.

Chairman Joash Amupitan issued the warning during an interview on Arise TV on Friday, after the ADC insisted on going ahead with its convention despite INEC’s derecognition of the leadership faction linked to David Mark and Rauf Aregbesola.

Amupitan stressed that INEC’s actions were guided by legal considerations, particularly a subsisting court order restraining the ADC from taking steps that could undermine ongoing legal proceedings. “Don’t do anything. Don’t take any step that will render any proceeding before the court nugatory,” he said.

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He explained that the ADC’s plan to conduct congresses and a national convention is already part of a pending legal process, with motions related to the activities yet to be determined by the court. Ignoring the court’s directive, he warned, could result in invalidated elections or nullified internal party decisions, citing precedents in Zamfara and Plateau states where failure to comply with court orders affected electoral outcomes.

Amupitan highlighted the risks of repeating past mistakes, stressing that while the ADC is free to act as it chooses, INEC would not risk supervising illegal or unauthorized party activities. He reinforced the importance of adhering to the Electoral Act and judicial directives to ensure that party events are legally recognised and free from future challenges.

The INEC Chairman’s warning comes amid heightened tension within the ADC, with the faction led by David Mark facing derecognition and ongoing litigation over the party’s legitimate leadership. Analysts note that the statement underscores INEC’s commitment to rule of law, legal compliance, and internal party democracy, especially as Nigeria approaches the 2027 general elections.

INEC Warns ADC Against Holding Convention Without Supervision

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Presidency Clarifies Why Tinubu Met Plateau Victims Only at Airport

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President Bola Ahmed Tinubu with victims of palm Sunday Attack in Plateau State
President Bola Ahmed Tinubu with victims of palm Sunday Attack in Plateau State

Presidency Clarifies Why Tinubu Met Plateau Victims Only at Airport

The Presidency has clarified why President Bola Tinubu did not leave the airport during his recent visit to Jos, amid public criticism. Officials said the decision was driven by tight scheduling, logistical constraints, and aviation safety concerns.

President Tinubu visited Jos North Local Government Area, where he met with families of victims killed in the Angwan Rukuba attack. Speaking to the bereaved, he said, “You have no light at the airport, and I have to fly back within the next 10 minutes. To the victims, there’s nothing I can give you, whether it’s money in millions, but console you and promise you that this experience will not repeat itself.”

The visit was attended by political supporters, traditional rulers, security operatives, and other stakeholders. However, Tinubu’s airport-only engagement drew criticism, with some accusing him of insensitivity toward grieving families.

In response, the President’s Special Adviser on Information and Strategy, Bayo Onanuga, explained that Tinubu’s schedule on Thursday included receiving Chadian President Mahamat Idriss Déby Itno at the Presidential Villa before traveling to Iperu in Ogun State. Following a security briefing by Plateau Governor Caleb Mutfwang, the Ogun trip was canceled, and an emergency visit to Jos was arranged overnight.

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Officials said logistical challenges made a town visit impractical. The airport runway does not support night flights, and the road distance from the airport to Jos township is about 40 minutes. These factors made it unfeasible for the President to visit the conflict site, meet victims in town, and return to the airport safely before dusk.

To ensure engagement, representatives of affected communities were brought to a hall adjoining the airport, allowing Tinubu to meet directly with victims, local leaders, and security officials. Among attendees were the Minister of Defence, the Chief of Army Staff, and the Inspector General of Police, who had visited Rukuba to assess security operations.

During the meeting, the President consoled victims, listened to their concerns, and assured justice would be delivered. He also promised the deployment of 5,000 AI-enabled surveillance cameras to monitor the city and enhance the identification and arrest of troublemakers. Furthermore, he invited community leaders to Abuja for additional talks on long-term solutions to recurring violence in Plateau State.

The Presidency described the visit as a strategic, high-level engagement aimed at addressing the root causes of conflict, rather than a symbolic gesture. Officials emphasized that Tinubu’s approach prioritized safety, efficiency, and direct interaction with key stakeholders while adhering to flight and logistical constraints.

Despite the criticisms, the televised meeting was seen as reassuring by residents, signaling the President’s commitment to peace, security, and community-driven solutions in Plateau State.

Presidency Clarifies Why Tinubu Met Plateau Victims Only at Airport

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