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Sustain Electoral Act 84 (12), NASS Prays Court

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The High Court lacks the powers to order the deletion of Section 84(12) of the Electoral Act 2022, the National Assembly has told the Court of Appeal.
It urged the appellate court to order the retention of the section, adding that Justice Evelyn Anyadike of the Federal High Court in Umuahia erred in law when she ordered the Attorney-General of the Federation, Abubakar Malami (SAN), to delete it.
The section provides that “no political appointee at any level shall be a voting delegate or be voted for at the convention or congress of any political party”.
In an appeal against the judge’s verdict, the Federal lawmakers raised five grounds of appeal on why the court should set aside the March 18 judgment.
It is also asking that the case be heard before the political parties hold their national conventions to select candidates for next year’s general elections.
Not determining the appeal before the deadline for the submission of the list of candidates will defeat the purpose of the law, the National Assembly said.
The Independent National Electoral Commission (INEC) has given the parties June 3 deadline to complete the conventions.
The lawmakers, through their 18-man legal team, led by Dr Kayode Ajulo, based their appeal on five grounds, namely:
The trial judge erred in law and thus acted without jurisdiction by hearing the suit of Chief Nduka Edede without joining the necessary parties.
·The judge erred in law and consequently violated the National Assembly and the Clerk to the National Assembly’s (appellants’) right to a fair hearing when being conscious of the existence of their interest
·The provisions of Sections 66(1)(f), 107(1)(f), 137(1)(g), and 182(1)(g) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) relied upon by the judge only relate to public servants and does not include political appointees.
·The judge determined the merit of the first respondent’s (Chief Nduka Edede’s) suit without considering his locus standi to institute it.
·The judge erred in law and exceeded her jurisdiction when she ordered the Attorney-General of the Federation and Minister of Justice, Abubakar Malami (SAN), to delete the provision of Section 84(12) from the Electoral Act, 2022 with immediate effect.
·The National Assembly said: “The record of appeal confirms that the subject matter of the first respondent’s suit before the trial Federal High Court revolves around the determination of the constitutionality or otherwise of Section 84(12) of the Electoral Act, 2022.
“The section regulates the internal democracy of political parties in Nigeria, with particular reference to the conduct of conventions or congress of any political party in Nigeria.
“There was sufficient evidence before the lower court that the interest of the National Assembly empowered to make laws for the regulation of internal democracy within political parties, including making laws for the conduct of the party primaries, party congresses and party convention pursuant to the provision of Section 228 of theConstitution of the Federal Republic of Nigeria, 1999 (as amended), would be affected by the determination of the constitutionality or otherwise of Section 84(12) of the Electoral Act by the trial Federal High Court.
“The principle of law is that where a necessary party is not joined to a suit, the trial court ought to have suo moto directed a joinder of the necessary party for a just determination of the interest of same.
“Having not joined the appellants herein as defendants at the trial court, the learned trial judge had the prerogative and responsibility to ensure that the proceedings agree with the justice of the case by directing the joinder of the appellants as parties to the suit before determining their interest.”
The National Assembly claimed that its powers were prejudiced by the court when Section 84(12) was declared unconstitutional, null and void without joining the appellants.
The National Assembly faulted the Federal High Court judge for not giving it a fair hearing by denying it an opportunity to be heard.
It alleged that the judge allegedly occasioned a miscarriage of justice.
It said: “Fair hearing is a constitutional right that underlines the adjudicatory power of the court to determine any case.
“Had the court afforded the appellants an opportunity to be heard by joining them to the suit, its resolution on the case would have been different.
“The appellants had no knowledge of the pendency of the suit and the proceedings conducted therein, but there was evidence before the court indicating that their interest as the federal legislative arm of government would be affected.
“The proceeding conducted and judgment delivered by the court in the absence of the appellants is a nullity.” The National Assembly said it was wrong of the judge to rely on Sections 66(1) (f), 197(1) (f), 137(1) (g) and 182(1) (g) of the 1999 Constitution to nullify Section 84(12) of the Electoral Act.
It said the sections only relate to public servants and do not include political appointees.
The appellant said the trial judge “misconceived the clear position of the law and gave a perverse judgment” when she held that Section 84(12) is inconsistent with the provisions of Section 66(1) (f), 107(1) (f), 137(1) (g) and 182(1) (g) of the constitution.
On the plaintiff’s locus standi, the National Assembly claimed that he did not sufficiently disclose to the lower court how his constitutional rights, as a political appointee/officeholder, had been or were likely to be breached.
“It is trite law that a person instituting an action before a court of law must have the legal capacity to initiate such suit before the court can invoke its jurisdiction.
“The first respondent also failed to show a breach that is higher and above that of the ordinary citizens with respect to the constitutionality or otherwise of the provision of Section 84(12) of the Electoral Act,” the lawmakers said.
The National Assembly also claimed that the judge exceeded his jurisdiction when he ordered the Attorney-General of the Federation) to delete Section 84(12) from the Electoral Act, 2022 with immediate effect.”
It said nowhere in Section 6 of the constitution or elsewhere is the legislative power of the federation vested in the courts.
“The position of law is clear to the effect that the court neither makes law nor does it possess any power to amend any statute.
“The learned trial judge thereby usurped the legislative powers of the National Assembly by directing the AGF to delete the provision of Section 84(12) of the Electoral Act, 2022 with immediate effect.
“The order of the learned trial judge directing the second respondent to delete the provision of Section 84(12) of the Electoral Act, 2022 is therefore null and void and ultra vires of the jurisdiction of the Court as donated by the Constitution of the Federal Republic of Nigeria, 1999 (as amended),” it said.
The National Assembly sought an order to allow the appeal and set aside the judgment delivered by Justice Anyadike.
In an April 12 letter to the Presiding Justice, Owerri Judicial Division, the National Assembly asked the Court of Appeal to hear its case before the national conventions.
The Assembly demanded an accelerated hearing before the deadline for the submission of the list of candidates for the general election.
The letter, which was signed by the Assembly’s counsel, Dr. Kayode Ajulo, was exclusively obtained from the court by The Nation.
It said in part: “We humbly submit that given the special circumstance and the nature of the plaintiffs’ suit at the lower court and bearing in mind that same borders largely on the conduct of political party congresses andconventions, if the applicants’ motion and appeal are not given expedite and accelerated hearing before the deadline for the submission of list of candidates for general election, the intentions of the National Assembly in making the provisions of Section 84(12) of the Electoral Act, 2022 would be defeated.
“In the circumstance, we, therefore, most humbly apply for expedite and accelerated hearing of both the Motion on Notice for Leave to Appeal as interested parties and the Appeal for the determination of the constitutionality or otherwise of Section 84(12) of the Electoral Act, 2022.We are most grateful.”

 

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Atiku Kicks-Off 2027 Campaign, Promises To Tackle Nigeria’s Challenges

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The presidential candidate of the African Democratic Congress (ADC), Alhaji Atiku Abubakar, has pledged to tackle insecurity, hunger and the rising cost of living if elected president in the 2027 general elections.
Alhaji Abubakar made the pledge on Wednesday during the launch of his presidential campaign in Sokoto State, where he called on Nigerians to unite behind his ambition to rescue the country.
In a statement posted on his X handle, the former Vice-President said Nigerians were increasingly frustrated by hunger, insecurity and unfulfilled political promises, insisting that his campaign would offer a clear plan to address the nation’s challenges.
Expressing gratitude for the reception accorded him in Sokoto, Alhaji Abubakar described the state as a historic centre of faith, scholarship and leadership.
“Sokoto, I am here! I am deeply grateful for the rousing welcome as I formally launch my campaign for the presidency from this historic seat of faith, scholarship, and leadership,” he said.
He promised to end insecurity across the country, restore hope to young Nigerians and make the country affordable for citizens.
“Nigerians are tired of hunger, fear, and broken promises. Today, they have a choice, a plan, and a leader ready to deliver. I will end the insecurity that haunts our communities, restore hope to our young people, and make Nigeria affordable again,” Alhaji Abubakar stated.
Describing the Sokoto event as the beginning of a broader campaign to reclaim the country’s fortunes, he urged supporters to remain united and committed to his presidential bid.
“The journey to rescue Nigeria begins here. Together, we will win,” he added.

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APC Chieftain Canvasses Support For Tinubu Rally In Port Harcourt

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A member of the publicity subcommittee of the All Progressives Congress (APC) presidential campaign rally in Rivers State, Mr Princewill Dike, has called on Rivers people and residents to turn out en masse for the November 7, 2026 rally in support of President Bola Tinubu, citing the Federal Government’s infrastructure projects and appointments of Rivers indigenes into strategic political offices.
Mr Dike made the call while speaking with newsmen ahead of tomorrow’s event scheduled to hold at the Adokiye Amiesimaka Stadium, Port Harcourt.
He said the rally would provide an opportunity for political stakeholders and residents of the State to reflect on the Federal Government’s development initiatives, infrastructure investments and recognition of Rivers sons and daughters under President Tinubu’s administration.
The publicity subcommittee member noted that the appointment of Ambassador Desmond Akawor as Federal Commissioner representing Rivers State on the Revenue Mobilisation, Allocation and Fiscal Commission (RMAFC) was among the significant federal appointments benefiting the State.
He also cited the appointment of Chief Boma Iyaye as Executive Director, Finance and Administration, of the Niger Delta Development Commission (NDDC), as well as Chief Tony Okocha as Rivers State representative on the Commission’s Governing Board.
According to him, other Rivers political stakeholders appointed into federal institutions include Senator Magnus Abe, Chairman of the National Agency for the Great Green Wall, and Chief Victor Tombari Giadom, Chairman of the Nigerian Institute of Educational Planning and Administration.
Mr Dike further noted that the reported disclosure by the Minister of the Federal Capital Territory (FCT), Chief Nyesom Wike, that Rivers State had secured no fewer than 49 federal appointments under the Tinubu administration, reflected the level of federal representation enjoyed by the state.
On infrastructure, he described the 37.9-kilometre Bodo-Bonny Road, which was temporarily opened to public use in December 2025, as a major intervention capable of transforming transportation and economic activities in the State.
He said the road had provided a direct land connection between Bonny Island and the mainland, reducing the historic dependence of residents on water transportation and helicopter services.
The campaign publicity official also highlighted the Federal Government’s intervention on the East-West Road, particularly the Eleme Junction-Port Harcourt-Ahoada and Eleme Junction-Onne Port sections, as well as the Lagos-Calabar Coastal Highway, which he said would improve connectivity and economic opportunities across the Niger Delta.
Mr Dike further identified the Kaa-Ataba Bridge linking Khana and Andoni local government areas, alongside the Bonny Ring Road and Bridges project being undertaken by the NDDC in partnership with NLNG, as important regional infrastructure initiatives.
He maintained that the projects and federal appointments had placed Rivers State in a strategic position within the national development agenda, urging residents to assess the benefits and support continued investment in the State.
The Ikwerre born politician and public affairs analyst called on party faithful, political leaders, youths, women and other residents to participate actively in the November 7 gathering, expressing optimism that the rally would further strengthen support for President Tinubu’s re-election bid.

 

King Onunwor

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2027: Rivers Traditional Ruler Declares Monarchs Apolitical

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The Chairman of the Evo Council of Government Recognised Traditional Rulers and Eze Oha III of Evo Kingdom, King Leslie Eke, has declared that the council remains apolitical, irrespective of perceptions in some quarters about the political disposition of its members.
King Eke made the clarification during the council’s monthly general meeting, convened at the instance of Eze Temple Ejekwu , Nye Nwe Eli Rumuogba, at Rumuogba in Obio/Akpor Local Government Area of Rivers State.
The revered monarch explained that the decision was informed by the need for traditional rulers to preserve their revered positions as fathers of their respective communities, stressing that partisan political affiliations should not undermine their traditional responsibilities.
He maintained that political neutrality among members of the council was non-negotiable, noting that monarchs must remain above partisan divisions to provide balanced leadership, promote unity and sustain peaceful coexistence among their subjects.
He said the council was determined to entrench this principle of neutrality in its engagements, adding that traditional rulers must be seen as unifying forces rather than actors in the political divisions that often characterise electoral contests.
To strengthen the arrangement, the Eze Gbakagbaka of Evo Kingdom disclosed that Eze Temple Ejekwu had been assigned the responsibility of coordinating political activities involving the monarchs, a development he said would ensure balance, proper organisation and respect for the council’s collective position.
The monarch, however, clarified that the council’s apolitical disposition should not be misconstrued as a withdrawal of support for qualified sons and daughters of Evo Kingdom who aspire to occupy elective positions at both the State and National levels.
He stressed that the traditional institution would continue to identify with the legitimate political aspirations of its people, irrespective of political platforms, provided such aspirations were pursued peacefully and in the overall interest of the kingdom.
Specifically, the monarch assured the All Progressives Congress (APC) candidate for Obio/Akpor Constituency I in the Rivers State House of Assembly, Mr Leslie Ejekwu, who already has his blessings, of the support of Woji, his immediate community, as well as the 33 Evo communities under his traditional leadership.
”Leslie Ejekwu, Esq., will do well given his experience at the Local Government Council as the Legal Adviser and other sundry areas within the political arena”, he said.
He noted that the assurance was consistent with the council’s commitment to the progress and political advancement of Evo sons and daughters, adding that the traditional institution would continue to encourage its people to participate actively in democratic processes without compromising its neutrality.
The Evo monarch also used the occasion to caution politicians and their supporters against violence before, during and after the 2027 general elections, describing the resort to intimidation, destruction and political hostility as an outdated approach to democratic competition.
According to him, the era when political victories were pursued through violence should give way to issue-based campaigns, intellectual capacity, constructive engagements and demonstrable leadership skills, stressing that ideas and competence should take centre stage in the nation’s political development.

King Onunwor

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