Politics

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

Published

2 years ago

March 19, 2022

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.

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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

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Senate in rowdy session as lawmakers quarrel over sitting arrangement

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3 days ago

April 30, 2024

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Senate in rowdy session as lawmakers quarrel over sitting arrangement

The Senate broke into a rowdy session on Tuesday after three senators engaged in a heated argument over arrangement of seats.

Danjuma Goje, senator representing Gombe Central, and Sahabi Yau, senator representing Zamfara North, expressed displeasure over the seats assigned to them.

They complained to Opeyemi Bamidele, the majority leader.

The Senate is currently using its refurbished chamber, two years after renovation began on it.

According to the standing rules of the upper legislative chamber, senators should sit in order of rank.

The Easter and Sallah recess was postponed to accommodate the completion of the renovation of both chambers of the national assembly.

However, while Senate President Godswill Akpabio read his welcome address, the heated argument among the three senators began.

It was learnt that Goje and Yau, sitting on the second row on the right side of the aisle, did not like the seats allocated to them by the senate committee on services.

Sunday Karimi, senator representing Kogi west, is chair of the senate services committee.

The four-term senators subsequently insisted that they should have been assigned seats on the front row on the extreme right — opposite the row of the majority leader and the deputy senate president.

After the argument, Kawu Sumaila, senator representing Kano South, called for a “point of order” which was ignored.

Thereafter, Bamidele moved a motion for a closed-session.

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Ganduje drums support for Tinubu, says no vacancy in Aso Rock 2027

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3 days ago

April 30, 2024

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Ganduje drums support for Tinubu, says no vacancy in Aso Rock 2027

National Chairman of All Progressives Congress (APC), Dr Abdullahi Ganduje, says members of the opposition are trying to discredit the Bola Tinubu-led administration in their desperation for Aso Rock in 2027.
He however declares that there is no vacancy in Aso Rock in 2027.

Ganduje said the administration of President Tinubu had been contending with accumulation of many years of neglect, policy summersaults and other disjointed decisions by previous administrations.

The APC national chairman gave the position while addressing supporters and support groups at the national secretariat of the party in Abuja.

Ganduje urged the APC supporters and groups to be committed to the party so that it could continue to forge ahead.

He said the leadership of the New Nigeria Peoples Party (NNPP) and its chieftains were afraid, having been defeated in the last general election and already foreseeing another defeat.

Ganduje said the NNPP elements were now engaged in a propaganda campaign against the leadership of APC.

He said, “They are so afraid because we are consolidating. They are so afraid all over the country because we are receiving new entrants into our party. That is creating fears in their minds.

“They are already eyeing 2027, but at that time, there is no vacancy. Only our President, Asiwaju Bola Ahmed Tinubu, will, Insha Allah, continue as the President of the Federal Republic of Nigeria.”

Ganduje claimed the leadership of NNPP and its chieftains in Kano State were sponsoring protests and campaigning for his removal as APC national chairman.

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Another PDP bigwig dumps party

Published

4 days ago

April 29, 2024

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Dr Cosmos Ndukwe

Another PDP bigwig dumps party

Dr Cosmos Ndukwe, one of the key opposition Peoples Democratic Party’s presidential candidates for 2023, has resigned from the party.

This is stated in a letter written by the former Deputy Speaker of the Abia State House of Assembly to the Chairman of his Item C Ward in Bende Local Government Area, which was copied to the party’s State Chairman, Hon. Asiforo Okere, and the Acting National Chairman, Umar Damagum.

The former Chief of Staff to the Governor and Commissioner for Works under ex-Gov. Okezie Ikpeazu claimed “personal reasons, current commitments, and aspirations” in his decision to leave the PDP.

He praised the party for providing him with the opportunity to enter the political spotlight and wished it success in the state.

The letter posted on his Facebook page on Monday morning read, “I hope this letter finds you well. It is with a heavy heart that I compose this correspondence to tender my resignation as a member and stakeholder in the People’s Democratic Party (PDP) Abia State, effective immediately.

“My decision to resign as a member within the party stems from personal reasons and reflections on my current commitments and aspirations.

“After careful consideration, I have come to the conclusion that potting out of PDP is the best course of action for me at this time.

“I am immensely grateful for the opportunities that the PDP has afforded me during my tenure as a Councillor, Deputy Chairman Local Government, Chief of Staff to Executive Governor of Abia State, Deputy Speaker Abia 6th House of Assembly and Presidential Aspirant PDP 2023.