Politics
Electoral Act: Senate Rejects Buhari’s Request
The Senate has rejected the bill that seeks to amend the Electoral Act.
The lawmakers, in a voice vote on Wednesday, unanimously opposed a motion that the bill is read and considered for a second time.
The bill is a response to a request from President Muhammadu Buhari.
He had, in February, asked the National Assembly to expunge Clause 84(12) of the Act. He made the request shortly after signing the legislation into law.
The clause reads: “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.”
Buhari said the clause constituted a disenfranchisement of serving political office holders from voting or being voted for at conventions or congresses of any political party, for the purpose of the nomination of candidates for any election in cases where it holds earlier than 30 days to the national election.
But the People’s Democratic Party (PDP) sued the federal government, the Attorney-General of the Federation and the leadership of the National Assembly over fresh moves to tamper with the newly amended Electoral Act.
The party asked the court for an order of interim injunction restraining the president and other defendants from refusing to implement the duly signed Electoral Act or in any manner withholding the Electoral Act from being put to use including the provisions of section 84 (12) of the said Act pending the resolution of the suit – a request which was granted by the court on Monday.
The Tide source reported how the judge, Inyang Ekwo, in a ruling, said the Electoral Act having become a valid law could not be altered without following the due process of law.
The court restrained the president, the AGF, the National Assembly and other defendants in the suit from removing section 84 (12) of the Electoral Act or preventing it from being implemented for the purpose of the 2023 general elections.
The bill was read for the first time yesterday and the lawmakers were about to commence consideration for second reading when Adamu Aliero cited Order 52(5) to stop the Senate from considering the bill pending the time that the court would set aside the order on it.
In his response, the Senate President, Ahmad Lawan, said the fact that the court said the National Assembly should not tamper with Electoral Act 2022 as amended except through due process did not mean that the National Assembly could not consider the bill.
He also said the president and every other Nigerian had the right to ask for an amendment in any law.
“So for us to be specific to this particular request, the request was duly done and it is for us in the Senate to look at the request.
“We are at liberty to review the request, see if the arguments from the Executive are convincing enough. If the arguments are not convincing enough, members of the National Assembly could deny the request and that is how it is.
“I think we are not breaching any law. In fact, we are trying to promote democracy by doing this because one day someone would go to court and say the Senate and National Assembly should not sit.”
He ruled that the Senate would go ahead and debate the bill and the votes at the end of the deliberation would decide the fate of the bill.
Lawan was opposed by the Senate Minority Leader, Enyinnaya Abaribe, who said Lawan’s decision was not in the interest of democracy.
He urged his colleagues not to let the bill be read for a second time.
But the Deputy Senate President, Ovie Omo-Agege, who was bent on convincing his colleagues to go ahead and consider the bill, said they swore to protect and defend the Constitution of the Federal Republic of Nigeria.
“The framers of this Constitution knew that a day like this would come and notwithstanding, they clearly stipulated in the Constitution, those provisions dealing with qualification and disqualification.”
“I, therefore, rise to support that the motion as moved by the Senate Leader be allowed to go for second reading.”
An unconvinced Kogi senator, Smart Adeyemi, opposed the bill.
He said, “I disagree to reconsider a decision that has already been settled.”
When the matter was put to a voice vote, an overwhelming echo of “nay” filled the chamber – prompting Lawan to rule against the bill.
Earlier, the Senate president warned the judiciary against meddling in the affairs and processes of the legislature.
He had said Nigeria’s system of governance was based on separation of powers and as such, all arms of government were not supposed to venture into the activities of another.
He also said the court ruling would not stop the legislature from amending the bill again.
With the proposed amendment to the bill rejected, it is not clear if the lawmakers will re-present and reconsider it on another legislative session.
The Rivers contest is expected to draw heightened attention in the oil-rich state, as political actors position for influence in a district long regarded as strategic to the balance of power in Rivers State.
INEC disclosed that the by-elections will hold concurrently with the Ekiti State governorship election, underscoring what promises to be a politically charged day across several parts of the country.
Beyond Rivers, the electoral body listed other affected constituencies to include Nasarawa North Senatorial District, Dawakin Kudu/Warawa Federal Constituency in Kano State, Ondo South Senatorial District, and Enugu North Senatorial District.
The vacancies, according to INEC, arose from a combination of deaths, resignation, and other constitutional developments. In Nasarawa, the demise of Senator Godiya Akwashika has left a gap in a district considered a stronghold of the All Progressives Congress (APC). In Enugu, the passing of Senator Okey Ezea has set the stage for a competitive race in the South-East.
Similarly, the Ondo South seat became vacant following the resignation of Senator Jimoh Ibrahim, who now serves as Nigeria’s Permanent Representative to the United Nations, while the Dawakin Kudu/Warawa seat in Kano opened up after the death of Hon. Muhammad Danjuma Hassan.
Analysts say the Rivers South-East by-election, in particular, could reshape political alignments in the state, as parties jostle to fill the void left by Sen. Mpigi and consolidate their foothold ahead of future electoral contests.
Stakeholder from Bayelsa East Senatorial District, on Monday, endorsed the incumbent Senator representing them to run for a second term.
Leading the stakeholders, the former Commissioner for Culture and Tourism and Special Adviser to Governor Douye Diri on Political Affairs (iii), Dr Iti Orugbani, said the reason for the endorsement was based on the federal lawmaker’s trajectory of good deeds and massive execution of projects across communities of the Senatorial district.
Dr Orugbani highlighted some of the projects to include landing jetties, telecommunication masts and town halls amongst others, noting that Sen. Agadaga’s performance has exceeded those of others who hitherto represented the oil rich area.
Bayelsa East Senatorial District comprises Ogbia, Brass and Nembe Local Government Areas of the State.
The Governor’s aide who called on the State’s Eastern political enclave to respect the 2022 new zoning agreement, which guaranteed second term for Senators from the District, stressed the need for political tolerance and peace in the forthcoming 2027 polls.
“In 2022 the leaders and stakeholders across party lines from Bayelsa East held a meeting and altered the old single term for Senators from the district’s agreement and signed that begining from 2023 any Senator emerging from the district must serve for a minimum of two terms.
“In 2023, Senator Biobarakuma Degi-Eremienyo, then an incumbent Senator representing the Senatorial district under the platform of the All Progressives Congress (APC) was given a second term ticket by the party. Though he lost to the PDP.
“Now that the entire state is now APC and the District has an APC Senator in the person of Benson Agadaga from Ogbia LGA, why not also give him a second tenure?
“The stakeholders in 2022 changed the old political agreement because they saw that it wasn’t beneficial to the district any longer. And so, because it was Ogbia Local Government Area that started the old zoning arrangement by producing the first Senator in 1999, I want to plead that let Ogbia also begin the new two terms zoning agreement”, he said.
Also speaking, the duo of woman leader of a support group, ‘Agadema Women’, Mrs. Owadaba Jokori and the Information Officer of the Ijaw Youths Council (IYC), Central Zone, Comrade Ikio, stated that the incumbent Senator has done well for the district in the past three years that he has been in office.
They lauded the federal lawmaker for his infrastructure projects, especially the construction of landing jetties in select communities of the three local government areas of the district, commending stakeholders for supporting the lawmaker in his second term bid.
In his remarks, Senator Agadaga thanked the stakeholders for the confidence reposed in him and the endorsements he has received lately from constituents and admirers across political parties.
The lawmaker noted that within the past three years that he has been Senator, he has delivered dividends of democracy to his constituents across the Senatorial District, emphasizing that the call for him to be senator from the Brass Senatorial District came to him as a surprise, noting that he accepted the clarion call when the clamour became so loud.
“I was Chief of Staff to the State Governor, Senator Douye Diri, when various groups from the zone came calling on me to contest the 2023 Senatorial polls.
“Ever since winning the elections as a senator, I’ve continued to deliver on my mandate in both representation, lawmaking, oversight, project execution and support for constituents when called upon. And I shall continue to do more if elected for a second term”, the Senator said.
By Ariwera Ibibo-Howells, Yenagoa
Justice Peter Lifu of the Federal High Court in Abuja has set May 15 as deadline for definite hearing in a suit filed by a lawyer, Johnmary Jideobi, seeking to stop former President Goodluck Jonathan from contesting the 2027 presidential election.
The judge on Monday shifted the hearing date following the absence of the plaintiff, Mr Jideobi, and his lawyer in court without any information.
Apart from the absence of the plaintiff, who is a legal practitioner, the Independent National Electoral Commission (INEC) and the Attorney General of the Federation (AGF) and Minister of Justice, who are 2nd and 3rd defendants in the matter, were also not in court.
Following the absence of the plaintiff and the two defendants, Chris Uche, SAN, representing Dr Jonathan, applied to the court to strike out the suit for lack of diligent prosecution.
Having joined issues with each other, Mr Uche said, the suit is liable for dismissal with a N5 million cost to be awarded against the plaintiff and payable to Dr Jonathan.
He argued that from all indications, the plaintiff has abandoned the suit and ran away upon sighting the preliminary objections raised against the suit, adding that the court is a busy place and not for unserious matters.
Justice Lifu, however, noted that there was no evidence of service of hearing notice on INEC and AGF to appear in court for the suit, adding that lack of service of hearing notice is fundamental.
The judge said rather than striking out the suit, he prefers to bend backward to accommodate the plaintiff and the two defendants for the last time.
While adjourning the matter to May 15, Justice Lifu ordered that hearing notice be served on the plaintiff and the 2nd and 3rd defendants who were not in court on Monday.
The plaintiff, Mr Jideobi, had filed the case seeking an order to restrain Dr Jonathan from presenting himself to any political party as an aspirant for the 2027 election.
He is also asking the court to stop INEC from accepting, processing or publishing Dr Jonathan’s name as a presidential candidate.
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