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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.”
The Rivers State Investment Promotion Agency (RSIPA) has unveiled measures to enthrone ease of doing business and win back the confidence of the business community.
The Director-General of the Agency, Dr Chamberlain Peterside, unveiled the plans at the Breakout Session of RSIPA at the ongoing 18th Port Harcourt International Trade Fair, at the Obi Wali International Cultural Centre, in Port Harcourt.
Dr. Peterside said the agency was poised to free the state from accumulation of wrong narratives that branded it over the years as unsafe for business.
He, however, admitted that many things had gone wrong in the past where regulators joined to make the business environment difficult for investors.
He announced that the agency was rather focused on actions, solutions, and results as adopted in the mission statement of the Board.
“Our task is no mean feat. We are dealing with the perception risk that over several years branded the state as unsafe. We are also faced with the challenges of dealing with the lack of cohesion amongst MDAs, policy inconsistencies, multiple taxation, incessant harassment by miscreants, red tape and delays in obtaining operating permits, high cost of operations and opaque public sector,” he said.
“It is about listening to the investors in the field and ensuring that MDAs are carried along, hence the imperative for the setting up of our One-Stop-Center”, he added.
In his remarks, the Commissioner for Commerce and Industry, Warisenibo Joe Johnson, who represented the state governor, said the Fubara administration was ready to listen to the business community to see ways of reducing impediments to investments.
He listed the stages of actions being undertaken by the governor as outlined in his 37-page blue print to revive the economy of Rivers State.
The Mayor of Housing, My-ACE China, who was presented at the event as a star investor and promoter of Rivers State reputation, said for the plans of the investment promotion agency to materialize, an enabling law should replace the Executive Order that established the Rivers State Investment Promotion Agency.
He said this would insulate the agency from political instability and remove fear in the minds of investors about its sustainability.
According to him, protection precedes promotion and Local Direct Investment (LDIs) is what attracts and promotes Foreign Direct Investment (FDIs).
“It is the rat at home that reveals to the one in the bush that there is fish in the kitchen”, he added.
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?The Mayor of Housing who is also the CEO of the Alesa Highlands Sustainable Green Smart City said that Port Harcourt is like a business empire under lock and key because it is not protecting its own and also not promoting its own enough for investors to come in.
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?In the area of land documentation and inventory, China urged Rivers State Government to borrow a leaf from Abuja and adopt the use of Geographic Information Systems (GIS) in dealing with land and property registration and documentation for ease of doing business.
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?He said Lagos understood the power of business information, adding “this creates the impression that if you are not doing it in Lagos, you are not doing it in Africa.
“We need to shout louder than Lagos, because we need more investments than Lagos and the structural integrity of Abuja. When you marry both, Rivers State would be wonderful and become green with investments,” he said.
In her speech, the President of Port Harcourt Chamber of Commerce, Industry, Mines and Agriculture (PHCCIMA), Dr. Chinyere Nwoga, called on the state government to look into the menace of parked trucks now turning Trans-Amadi into a risk zone.
She outlined the activities of the PHCCIMA and invited investors and businesses to the Port Harcourt economic hub, saying peace has returned.
The Director, Investors Relations of the Nigerian Investment Promotion Council (NIPC), Mrs Lovina Kayode, urged Rivers State to make haste and catch up on Ease of Doing Business, saying the Council has come to help businesses in the state.
Mrs Kayode, who represented the Executive Secretary/CEO of NIPC, Aisha Rimi, commended the Mayor of Housing and his counterpart, Mr. Oliver Biedima of Rainbow Heritage Group, for their decision to invest in Rivers State, saying it is a proof that Rivers State is safe for investors and their investments.
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In his remarks, Oliver Biedemi of Rainbow Heritage Group urged government to give the private investors chance to develop the economy, saying ordinarily government does not have the funds to develop the economy.
Happy Birthday Chief Barr. Nyesom Ezenwo Wike CON
Honourable Minister Federal Capital Territory
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We’ll Drive Tinubu’s Vision in Rivers With Vigour – Fubara …Inaugurates Dualized Ahoada/Omoku Road ….Debunks Rift With RSHA
Rivers State Governor, Sir Siminalayi Fubara, has stated that he will lead Rivers people to galvanize support for President Bola Tinubu to drive the vision and objectives of the Renewed Hope Agenda in the State with vigour.
The governor, who joined the ruling All Progressives Congress (APC), on Tuesday, explained that his decision to join the APC was not for personal interest but for the overall benefit of Rivers State.
Fubara disclosed these while inaugurating the extension of the dualized Ahoada/ Omoku Express road in Ahoada East and Ogba Egbema Ndoni Local Government Areas of Rivers State.
He commended the contracting firm, Julius Berger, for timely delivery of the project, saying the project is a campaign promise fulfilled which will bring economic benefits to the people and tackle issues of insecurity associated with the route.
He said his administration has remained focused in delivering democratic dividends in the state despite facing glaring challenges.
The governor thanked the people of Ahoada East and Ogba Egbema Ndoni Local Government Areas for their continuous support, and urged his supporters to remain steadfast and also support President Tinubu who he said, has demonstrated love to Rivers State as a father.
Fubara denied having rift with the Rivers State House of Assembly, stating that his meeting with the lawmakers was stalled as a result of delay in the agreed meeting to be convened by former Governor Nyesom Wike and other stakeholders for him to meet with the state lawmakers.
“I have made every effort to meet with the Assembly members, but it is not within my leadership to initiate the meeting process.
“The arrangement was for my leader, Wike, and the elders led by Anabraba to call for a meeting with the the lawmakers.
“I’m a gentleman and principled. I can’t go behind to call them when we’ve already agreed. Whoever that tell them that I don’t want to meet with them, or I rejected proposal meant for them isn’t saying the truth,” Fubara said.
The Permanent Secretary of the Rivers State Ministry Works, Mr Austin Ezekiel-Hart, who gave the project description, said the delivery of the project was a fulfillment of long time dream by the people of Ahoada East and Ogba Egbema Ndoni Local Government Areas.
He said the road was previously a single lane and has now been dualised to 14.6 meters wide, complete with solar-powered streetlights with drainages.
He said the road significantly would reduce travel time between Ahoada and Omoku while improving economic activity in the region.
In his welcome address, Chairman of Ogba-Egbema-Ndoni Local Government Area, Hon. Chuku Shedrack Ogbogu, described the road as a symbol of unity, oneness, and development, thanking the governor for fulfilling his campaign promises.
On his part, the Managing Director of Julius Berger, Engr. Peer Lusbash, said the project was awarded to his company in 2023 with a completion period of 18 months which was achieved in best quality.
He added that Julius Berger enjoyed a good support from the Fubara administration, and assured to complete all ongoing projects being handled by Julius Berger on specification, especially the Ring Road project which is a legacy project.
