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Electoral Act: We’ll Report Malami, Judge To NJC, NBA, PDP Threatens
The Peoples Democratic Party (PDP) has rejected the Federal High Court judgement deleting Section 84(10) of the new Electoral Act.
The PDP also said it was exploring the option of reporting the Attorney-General of the Federation, Abubakar Malami; and Justice Evelyn Anyadike of the Federal High Court in Umuahia, Abia State, to the Nigerian Bar Association (NBA) and the National Judicial Council (NJC), respectively.
Section 84(10) of the Act makes it compulsory for all political appointees planning to run for office to resign, at least, 30 days before any primaries they plan to take part in. The section also states that political appointees would not be allowed to vote in any primaries.
Malami, who is believed to be eyeing the Kebbi State governorship seat, had rejected the provision, insisting that he would not resign.
A member of Action Alliance, Nduka Edede, subsequently filed a suit before the court challenging the section.
Malami, who was the only defendant in the suit, agreed with the plaintiff, thus securing a favourable judgement.
The AGF subsequently issued a statement commending the court for the judgement.
He also promised to swiftly gazette the judgement.
In his reaction, the National Publicity Secretary of the PDP, Mr Debo Ologunagba, said, last Saturday, that Malami had abused his office by placing his personal interest ahead of that of the public.
Ologunagba also wondered how the case, which was instituted barely a week ago, was swiftly heard and judgement was delivered.
He said the intention of the plaintiff was suspicious as he neither joined the National Assembly nor the Independent National Electoral Commission (INEC).
The PDP spokesman stated, “The basis for this order is curious. We see it as an ambush instigated by the office of the AGF and it shows the irresponsibility of the holder of that office. Number one, the job of the AGF is to defend the Constitution which he swore to do.”
He added, “Who is the plaintiff in this matter? What is his personal interest? Why were the necessary parties like the National Assembly, which made the law, and INEC, which ought to implement this provision, not joined in this suit? That is why we cannot look beyond the AGF who is planning to participate in the elections.”
The PDP spokesman wondered why Malami, who was not always keen on obeying court judgements, was seeking to implement this particular order immediately.
Ologunagba added that the PDP was looking into the matter with a view to taking action against Malami and the judge that delivered the judgement.
On whether petitions would be written to the NJC or the NBA, he said, “All options are on the table. Nothing will be left out. We will study it and take necessary decisions to protect our democracy and ensure that this recklessness by people in office does not stand. That is what we are going to do. All the options will be taken and if there are necessary actions, we will take them.”
Human rights activist, Mr Ebun-Olu Adegboruwa (SAN), also encouraged political parties and others to challenge the judgement.
Adegboruwa, in a statement, last Saturday said, “The Electoral Act is an act of the National Assembly. How can you ‘nullify’ an Act without joining the institution that made the Act, so that they can be heard concerning what they did?
“When a defendant (Federal Government) rejoices over a judgement delivered against it as a party, then you know there is a problem in Nigeria. Let the National Assembly, the political parties and NGOs appeal against the judgement as interested parties.
“Why do you want to hold on to your office as a political appointee, and at the same time, be a candidate in an election?”
Another lawyer, Mr Kayode Ajulo, said in a statement that the court erred by assuming that public officers as stated in the Constitution and appointees were all the same.
He said INEC and the National Assembly should appeal the matter quickly.
“It is quite glaring that the tale of the future of the provision of Section 84 (12) of the Electoral Act is not that of an unrivalled woe, the National Assembly and INEC have a right to challenge the decision of the trial court as same is likely to set aside on appeal,” Ajulo said.
The lawyer advised the All Progressives Congress (APC) not to allow appointees to take part in its forthcoming conventions as it could mar the exercise if the Court of Appeal upturns the judgement.
Another Senior Advocate of Nigeria, Robert Emukpoeruo, has faulted the judgement of the Federal High Court, saying the Section 84 (12) was a unique provision that political appointees should not vote or be voted for at any congress or convention to nominate candidates of a political party.
Emukpoeruo stated, “The section provides that ‘The National Assembly may by law provide guidelines and rules to ensure internal democracy within political parties, including making laws for the conduct of party primaries, party congresses and party conventions’.”
According to him, this clearly showed that Section 84(12) of the Electoral Act, 2022 was made consistently with and pursuant to the provision of Section 228(a) of the Constitution.
Emukpoeruo said, “A juxtaposition of Section 84 (12) of the Electoral Act, 2022, Section 228 (a) of the Constitution on the one hand with other provisions of the Constitution dealing with qualifications and disqualification to contest election will reveal that they deal with different subject matters. Put bluntly, a political appointee is not (and cannot be) a person employed in the public service of the federation or of the state. There is a sharp difference between a public servant and a public officer.
“There is no law until the coming into being of Section 84 (12) of the Electoral Act, which regulated political appointees’ participation in congresses or convention for the nomination of party candidates. And to this extent, that subsection cannot rationally be held to be inconsistent with the provisions of the Constitution.”
President Bola Tinubu, yesterday, congratulated Governor ChukwumaSoludo on his re-election, calling the result “an affirmation of visionary leadership” and promising closer federal–state collaboration with Anambra.
The Independent National Electoral Commission declared Soludo the winner of Saturday’s off-cycle poll after he swept all 21 Local Government areas.
In a statement he signed and released yesterday, Tinubu praised voters, security agencies and INEC for a peaceful exercise and urged the governor to be “magnanimous in victory.”
He also commended the new INEC chairman, Prof. JoashAmupitan and charged the commission to sustain higher standards in future polls.
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He wrote, “I must also congratulate the people of Anambra State, the security agencies and the Independent National Electoral Commission on the peaceful and successful conduct of the governorship election.
“Professor Soludo’s re-election is a testament to his visionary leadership and the significant progress the state has made under his guidance.
“Governor Soludo, the Solution, has demonstrated that indeed knowledge is power and that academic principles can be applied in serving the people, undergirding accountability, transparency and prudent management of people and resources.”
Tinubu reminisced on his visit to Anambra State in May, where he inaugurated some projects executed by the Soludo administration.
During the visit, he highlighted the good thinking behind the landmark projects being embarked upon by the governor, whom he called “Mr Solution.”
“That experience is indeed remarkable and will remain indelible in my mind,” he stated.
The President commended Soludo for bringing discipline, grace, brilliance, and a fresh perspective to governance in Anambra, saying, “Under him, Anambra is living up to its motto as the Light of the Nation.”
Assuring Soludo of his support, the President urged the former Central Bank Chief to be magnanimous in victory and to seek the cooperation of his opponents in the just-concluded elections.
He stated, “I assure Governor Soludo of my unwavering support, and I look forward to continued collaboration between Anambra and the Federal Government.
“The victory of the opposition All Grand Progressives Alliance in the election again demonstrates the vitality of our political system and the fact that victory for any progressive and hardworking leader can hardly be encumbered or denied.
Tinubu also thanked the new INEC Chairman, Amupitan, and his team for conducting what, according to him, observers have described as a credible election, “based on the reports I have received thus far.”
“I charge the commission with maintaining the standards and further improving its performance, so we can continue to strengthen and deepen our electoral system,” said Tinubu.
Soludo’s victory extends APGA’s two-decade dominance of Anambra politics and makes him the third governor in the state’s history-after Peter Obi and Willie Obiano-to win a second term.
Tinubu said he looks forward to “continued collaboration between Anambra and the Federal Government,” adding that Soludo has brought “discipline, grace and a fresh perspective” to governance in the state.
Rivers State Governor, Sir Siminalayi Fubara, has described the ongoing construction of the brand new 13.52-kilometre Ngo-Atlantic-Oyorokoto Road as a bold and visionary effort by his administration to open up the coastal region for economic growth and harness the full potential of the state’s blue economy.
The Governor made this remark during an inspection visit to the project site in Andoni Local Government Area. The road, being constructed by Monier Construction Company (MCC), cuts through challenging coastal terrain and leads to a newly identified beachfront facing the Atlantic Ocean.
Governor Fubara explained that while the original plan was to construct a road leading to Oyorokoto Town and its popular beach, his administration decided to expand the project to create an entirely new route that would open access to another pristine beachfront.
“We are doing another inspection today. This particular one is a virgin road, 13.52 kilometres of a new pathway to the blue economy,” Governor Fubara stated.
“Initially, we were constructing a road to Oyorokoto Beach, one of the finest tourist centres in this area. But as we progressed, we discovered another beach directly facing the Atlantic Ocean. It became clear that we shouldn’t limit development to just one site. We want to harness this new beach front as part of our broader plan to develop the blue economy.”
The Governor emphasised that the project, once completed, will not only improve access to coastal communities but also stimulate tourism and economic activities, boosting revenue for Rivers State.
Describing the area’s difficult terrain as challenging, he commended the contractor for its dedication, and expressed confidence that the road would be completed and commissioned by March next year.
“You can see for yourself, it’s a brand-new road in a very difficult terrain, just like the one we saw yesterday. But I strongly believe we will overcome it. From what we’ve seen today, the contractor, MCC, is doing their best, and by next year, hopefully by March, we’ll have the cause to commission this project and give God all the glory,” the Governor affirmed.
Governor Fubara also visited Opobo/Nkoro Local Government Area to assess the progress of work on the Epellema axis of the ongoing 5.2km Kalaibiama-Epellema road project featuring a 450-meter bridge.
Rivers State Governor, Sir Siminalayi Fubara, has expressed satisfaction with the level of progress recorded on the ongoing Trans-Kalabari Road project, revealing that about 75 percent of the critical piling work has been completed.
Governor Fubara made this known while addressing journalists after an on-the-spot inspection of the 12.5-kilometre road project, which will connect the state capital to several Kalabari communities across the sea.
The Governor rode on a boat from a jetty at Rumuolumeni in Obio/Akpor Local Government Area through the rivers and creeks on the project route during the inspection.
The project was awarded to Lubrik Construction Company Limited, on May 15, 2024, with an initial 32-month completion timeline.
The Governor said the visit was aimed at verifying reports from the Ministry of Works regarding the project’s advancement. He commended the contractors for their dedication, and described the progress as “a true reflection of hard work and commitment to excellence.”
“The first phase of the project takes us to Bakana, and features four major river-crossing bridges and nearly five deck-on-pile structures. The terrain is difficult, and the engineering work required is complex. But to the glory of God, I can confirm that the reports I’ve been receiving are accurate. Almost 75% of the piling job, which is the most critical part of the project, has been achieved,” Governor Fubara said.
He emphasised that the Trans-Kalabari Road is one of the most technically demanding infrastructure projects in the state due to its challenging marine terrain but reaffirmed his administration’s resolve to deliver it on schedule.
Governor Fubara highlighted the strategic importance of the road in connecting the Kalabari Kingdom to Port Harcourt, and stimulating economic growth across riverine communities.
“This is a key project that will turn around the lives of the Kalabari people immediately it is concluded. By the grace of God, in the next six months, if we return here for inspection, we might be driving across the bridge,” he said.
Governor Fubara assured Rivers people that his administration remains focused on delivering transformative infrastructure projects that will improve lives and bring lasting development to rural communities.
“We have made a promise to our people to embark on projects that will change lives and bring development, and this is a testament to that commitment,” he added.
