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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BREAKING : EFCC declares Yahaya Bello wanted, seeks information on his whereabout

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BREAKING : EFCC declares Yahaya Bello wanted, seeks information on his whereabout

The Economic and Financial Crimes Commission (EFCC) on Thursday declared former Kogi State Governor, Yahaya Bello, wanted.

The anti-graft agency said Bello is wanted for alleged offences relating to economic and financial crimes to the tune of N80.2 billion.

The EFCC called on Nigerians with information as to his whereabout to report immediately to the Commission or the nearest Police Station.

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“The public is hereby notified that YAHAYA ADOZA BELLO (former Governor of Kogi State), whose photograph appears above is wanted by the Economic and Financial Crimes Commission (EFCC) in connection with alleged case of Money Laundering to the tune of N80,246,470,089.88 (Eighty Billion, Two Hundred and Forty Six Million, Four Hundred and Seventy Thousand and Eighty Nine Naira, Eighty Eight Kobo).

Bello, 48-year old Ebiraman, is a native of Okenne Local Government of Kogi State. His last known address is: 9, Benghazi Street, Wuse Zone 4, Abuja.

Anybody with useful information as to his whereabouts should please contact the Commission in its lbadan, Enugu, Kano, Lagos, Gombe, Port Harcourt and Abuja offices or through these numbers 09-9044751-3, 08093322644, 08183322644, 07026350721-3, 0706350724-5; its e-mail address: info@efccnigeria.org or the nearest Police Station and other security agencies, ” a public notice issued by the EFCC read.

BREAKING : EFCC declares Yahaya Bello wanted, seeks information on his whereabout

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BREAKING: Submit yourself for probe, FG tells Ex-Kogi gov, Yahaya Bello

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Yahaya Bello

BREAKING: Submit yourself for probe, FG tells Ex-Kogi gov, Yahaya Bello

The Attorney General of the Federation and Minister of Justice, Prince Lateef Fagbemi, SAN, has called on the immediate-past governor of Kogi State, Alhaji Yahaya Bello, to submit himself for probe.

Bello is being wanted by the Economic and Financial Crimes Commission (EFCC) over alleged corrupt practices while in office as governor of Kogi State.

In a statement he signed on Thursday, the AGF said the EFCC is empowered by law to invite any Nigerian for interrogation.

He also described the action of the incumbent governor of Kogi State, Ahmed Ododo, who used his immunity to prevent Bello’s arrest on Wednesday as ‘disquieting.’

According to him, he stands for the rule of law and will ensure no right of any Nigerian is trampled upon.

The AGF said: “The bizarre drama confronting the Economic and Financial Crimes Commission (EFCC) in the course of its efforts to perform its statutory duty has come to my notice (Attorney General of the Federation and Minister of Justice) as a matter of very grave concern.

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“It is now beyond doubt that the EFCC is given power by the law to invite any person of interest to interact with them in the course of their investigation into any matter regardless of status. Therefore, the least that we can all do when invited is not to put any obstruction in the way of EFCC but to honourably answer their invitation.

“A situation where public officials who are themselves subject of protection by law enforcement agents will set up a stratagem of obstruction to the civil and commendable efforts of the EFCC to perform its duty is to say the least, insufferably disquieting. A flight
from the law does not resolve issues at stake but only exacerbates it.

“I state unequivocally that I stand for the rule of law and will promptly call EFCC and indeed any other agency to order when there is indication of any transgression of the fundamental rights of any Nigerian by any of the agencies, but I also tenaciously hold the view that institutions of State should be allowed to function effectively and efficiently. Nigeria has a vibrant judicial system that is capable of protecting everyone who follows the rule of law in seeking protection.

“I, therefore, encourage anyone who has been invited by the EFCC or any other agency to immediately toe the path of decency and civility by honouring such invitation instead of embarking on a temporising self-help and escapism that can only put our country in bad light before the rest of the world.”

BREAKING: Submit yourself for probe, FG tells Ex-Kogi gov, Yahaya Bello

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APC: Reprieve for Ganduje, Federal High Court stops his suspension

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National Chairman of the All Progressives Congress, APC, Dr Abdullahi Ganduje

APC: Reprieve for Ganduje, Federal High Court stops his suspension

The former governor of Kano State, Abdullahi Ganduje, has secured a court order from a Federal High Court in Kano halting his purported suspension as the National Chairman of the ruling All Progressives Congress (APC).

The order is sequel to an ex parte motion filed by Ganduje seeking to enforce his fundamental right to fair hearing.

According to the certified true copy of the order released on Thursday to journalists, the respondents in the application are the Police, Department of State Services DSS, Nigeria Security and Civil Defence Corps NSCDC and nine other individuals.

Recall the APC executives in Ganduje ward of Dawakin Tofa local government area of Kano State had on April 16, announced the suspension of Ganduje over alleged corruption.

The decision was however quashed by both the State Working Committee of the APC in Kano and the National Working Committee NWC.

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A judge of the Kano State High Court, Usman Na’abba, had however affirmed the suspension and warned Ganduje against parading himself as head of the NWC and National Chairman of the APC.

However, in the ex parte order delivered on Wednesday by the Federal High Court and made available to journalists on Thursday, A.M Liman, a judge of the Federal High Court in Kano said the suspension should not be implemented until the case is heard and determined.

“That all the Respondents, their servants, agents or privies are hereby restrained from Implementing and/or giving effect to the purported decision reached during the purported emergency meeting of the alleged Executive members of APC Ganduje Ward, held at Ganduje Ward of Dawakin Tofa Local.

“That all the parties are hereby mandated to maintain status quo before the purported emergency meeting of the alleged executive members of APC Ganduje Ward, and to stay action in respect of this matter pending the hearing and determination of the substantive application,” Liman said.

April 30 has been fixed to hear Ganduje’s appeal.

APC: Reprieve for Ganduje, Federal High Court stops his suspension

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