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Electoral Act: Don’t override Buhari, Jega warns N/Assembly

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Former Chairman of the Independent National Electoral Commission, Prof. Attahiru Jega

The National Assembly should not override the President, Major General Muhammadu Buhari (retd.), over the stalemate on the Electoral Act Amendment Bill, a former Chairman of the Independent National Electoral Commission, Prof. Attahiru Jega, has cautioned.

According to him, since 2010, the country have not had any substantive improvement on electoral laws, while in the 2021 Electoral Bill, there were a lot of substantive things.

Jega said this on Sunday night Abuja during a Citizens’ Town Hall meeting on Electoral Bill 2021 organised by Yiaga Africa and development partners.

At the event, Governor Abdullahi Sule of Nasarawa State highlighted the position of governors saying they were not against direct primaries.

Jega said, “With the way the provisions of the bill stand, the National Assembly should do the needful, rather than contemplating overriding the President by removing the contentious provisions.”

He said that the Electoral Act Amendment Bill contained quite a lot of good things that could enhance electoral integrity.

According to him, what was key was to give INEC the law to improve ahead of the 2023 general election and also the off-season elections before the 2023 polls.

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He said, “The challenge is what the National Assembly introduced in the Electoral Bill which is without serious contemplation. It is very important that we have a lot of legal framework.

“I think clearly that the electoral process would have better integrity if we do direct primaries appropriately.

“Any governor that manipulates direct primaries can also manipulate the primaries indirectly.”

He also said that INEC made 31 recommendations to the amendment of the 2010 Electoral Act to conduct credible elections, but the National Assembly only approved 25 of the recommendations.

On his part, Sule said the 36 state governors “are not afraid of direct primaries as being alleged by some Nigerians.”

He said what they opposed was limiting the choices of the people.

“In the APC constitution, we have three options: consensus, direct primaries and indirect primaries.

“The option should be left open and it will not be a surprise that some parties may even adopt direct primaries,” Sule said.

He said that governors were happy with the contributions made into the bill and from what he had heard, everyone was saying the same thing, thus the issue of the direct primaries should be removed.

Sule said, “I am not the closest (person) to the President but working with the President all this while, I can say that President Buhari would sign the bill into law once the right things are done.”

Also, the President of the Nigerian Bar Association, Olumide Apata, said, “I am so disappointed with the way things have turned up. Everything about the Electoral Bill spelt progress but we can’t get it right if steps are not taken.

“Everything about the bill spells progress for the country. The bill should have been passed long ago. The President and the National Assembly being of the same party should have ironed this out to avoid this logjam.”

The NBA president also said that the booby trap set may catch up with the nation and send the country back to square zero.

He, therefore, urged the National Assembly to take out the provision of direct primaries and transmit immediately to the President for assent, who should be given the benefit of the doubt.

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The Executive Director, Yiaga Africa, Samson Itodo, said the timely passage of the bill would be in the interest of deepening democracy and national development.

Itodo said the non-passage of the bill into law had robbed Nigerians the opportunity of implementing important innovations for the forthcoming FCT council election and the governorship elections in Ekiti and Osun states.

On her part, Samuela Isopi, the EU Ambassador to Nigeria and ECOWAS, said getting the electoral laws right was in the interest of democratic development.

“What is good for Nigeria is good for the world”, she said.

On his part, the Executive Director, The Albino Foundation, Jake Ekpelle, said he had never voted till he was 58 years and now that he is 61, meaning that he had been disenfranchised for 58 years because the electoral law put it as INEC may not have taken care of PWDs’ interest.

He said, “Now that the new bill put “is” as ‘shall’, it means that INEC is being mandated to ensure that the PWDs are mainstreamed into the nation’s electoral system.

“I hope to see a time the PWDs would be elected deputy governors, governors, vice president and one day be elected the president of Nigeria,” he said.

Also, the National Chairman, Inter Party Advisory Council, Yabagi Sani, said the National Assembly didn’t carry political parties and other stakeholders along.

He said despite the advancement of democracy in the United States, it still operated delegate system and not direct primaries, hence the lawmakers should remove the contentious clauses.

On her part, a former presidential candidate, KOWA Party, Prof. Remi Sonaiya, said, “We should look beyond the letter and look at the spirit of the conduct of elections itself. I would like to join the cause to remove direct primaries clause, if that is the problem so the bill can be passed.”

The President of the Nigerian Labour Congress, Mr. Ayuba Wabba, said that time was running out and that the National Assembly must remove the controversial bits of the electoral bill, and get everything ready ahead of the 2023 elections.

He wondered why Nigeria was not keying into the ECOWAS and African Union resolutions that electoral law should be ready one year before elections.

Also, the Chairman of the Partners for Electoral Reform, Ezenwa Nwagwu, said, “There are some elite conspiracy around not giving Nigerians a law that can strengthen electoral integrity.

“The way it was done in the past was to delay the passage till when it was too late and Nigerians would be forced to say, after all we have something on the ground and the old law that didn’t help the nation’s democracy would be used”, Nwagwu said.

A member of the House of Representatives, Hon. Dachung Bagus, said that consultants contracted for the job were responsible for some of the drafting errors in the bill.

“We apologise for the drafting errors and cross-referencing gaps sighted in the Electoral Bill 2021,” he said.

Also, the Executive Director, Civil Society Legislative and Advocacy Centre, Auwal Musa Rafsanjani, wondered why the President, Major General Muhammadu Buhari (retd.), who claimed to be a victim of electoral fraud before his eventual emergence as President, was now finding it difficult to ensure leaving a legacy of electoral development.

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Kano State commissioner resigns, defects to NNPP

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Abdullahi Umar Ganduje

Kano State Commissioner for Finance and Economic Development, Shehu Na’Allah Kura, has resigned.

The state commissioner for Information, Malam Muhammadu Garba, disclosed this in a statement on Thursday.

Kura resigned from Ganduje’s cabinet after his Chief of Staff, Ali Haruna Makoda, quit the cabinet and defected to the New Nigeria Peoples Party (NNPP) led by former Governor Rabiu Musa Kwankwaso

The statement reads, “One of the commissioners nominated for appointment by Senator Ibrahim Shekarau into the administration of Governor Abdullahi Umar Ganduje in the lucrative ministry of finance and economic development, Shehu Na’Allah Kura has resigned and joined his boss.”

According to Malam Muhammad Garba, Kura was appointed as commissioner into the key ministry at the request of Shekarau after the 2019 election.

The commissioner added that until the recent defection of his boss, Kura was a member of the All Progressive Congress (APC) and had previously served as commissioner of planning and budget.

In an interview he granted shortly after joining the NNPP, Shekarau had narrated how he nominated Kura to serve under Ganduje.

“Ganduje approached me in his first tenure and asked me to nominate one person to be appointed commissioner. Shehu Na’allah Kura was one of the loyal and hardworking party members. So I gave his name,” he had said.

“The governor approached me again during his second term that he was granting our group two positions of commissionership, but he has selected one for us, we are to select another. And he said, he had selected Musa Iliyasu Kwankwaso and we said this is fraudulent.

“In the first place, we were not disowning Kwankwaso but the fact is that he had been in APC and as a commissioner over a year ahead of our defection to APC and as such, while we agree he’s one of us, but if we were to select, he couldn’t have been the one by any standard. I therefore said since you are technically giving us only one position, you already had Shehu Na’allah Kura. If you want to continue with him, we have no objection and he agreed and hence Kura was reappointed for the second term.”

Kura is yet to publicly announce his defection from the APC to the NNPP.

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Atiku begs Katsina PDP delegates not to abandon him

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Former Vice President, Alhaji Atiku Abubakar, has pleaded with the delegates of the Peoples Democratic Party in Katsina State not abandon him in the forthcoming presidential primaries.

He said the Katsina people had always supported him, alleging that in the 2019 presidential election, the All Progressives Congress stole his result in Katsina and four other states and urged the people not to allow that to happen again in 2023.

He said, “In the 2019 general elections, Katsina State was among the states where APC rigged the election results. They also stole our results in four other states: Kano, Kaduna, Borno and Yobe. So, I am thanking the people of katsina State for supporting PDP and I hope this time around you will not allow them to steal your vote.”

Atiku made the appeal while addressing Katsina delegates at the PDP state secretariat.

“My brothers and sisters from katsina, first and foremost, you are the people who initiated me into politics. Secondly, you are the people that trained me in politics and most importantly, I would not have been what I am today without the support of the Katsina people.

“That’s why I want to ask you that is it this time now that you want to throw me away?”

Atiku also spoke on the five key areas he would focus on if he elected president in 2023.

He promised to unite Nigerians, restore security, law and order while ensuring that every citizen has a sense of belonging.

Atiku also promised to revamp the economy and tackle the problems in the Nigeria educational sector.

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S’Court joins Rivers in Electoral Act suit, fixes May 26 for hearing

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The Supreme Court has granted an application that Rivers State be joined as a party in the suit President Muhammadu Buhari and the Attorney-General of the Federation and Minister of Justice filed to void Section 84(12) of the Electoral Act, 2022.

A seven-man panel of the Justices of the apex court led by Justice Musa Dattijo, allowed the application just as it shifted hearing on the suit till May 26.

The applicants told the court that they were opposed to the suit marked SC/CV/504/2022, which originally had the National Assembly as the sole respondent.

It will be recalled that President Buhari and Malami had approached the Supreme Court to 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 Nigerian Constitution as well Article 2 of the African Charter on Human and Peoples Rights.

They are among other things seeking “a declaration that the joint and or combined reading of Sections 65, 66, 106, 107, 131, 137, 147, 151, 177, 182, 192 and 196 of the Constitution, 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”.

“A declaration that having regard to the clear provision of section 1(3) of the Constitution read together with section 4 of the same Constitution, the legislative powers vested in the defendant do not permit or empower it to make any other law prescribing additional qualifying/disqualifying grounds for election to the national assembly, house of assembly, gubernatorial 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 of the Federal Republic of Nigeria (as amended), and without amendment to any of those sections is for the reason of inconsistency, unconstitutional and therefore null and void.

As well as, “An order nullifying the provision 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 constitution (as amended).”

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