Politics
Sustain Electoral Act 84 (12), NASS Prays Court
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.”
Former Senior Special Assistant to ex-President Goodluck Jonathan on Domestic Matters and Social Events, Dr Waripamowei Dudafa, has praised the Bayelsa State Governor, Senator Douye Diri on his formal defection to the All Progressives Congress (APC).
Dr Dudafa, who is also a former member of the Bayelsa State House of Assembly and one time commissioner for Local Government, Chieftaincy and Community Development, described the governor’s decision as a wise and well-considered move that aligns the State with the centre for accelerated development and greater political inclusion.
“Governor Diri’s decision reflects his pragmatic leadership style which has always been guided by consultation, inclusiveness, and the pursuit of the common good.
“Your Excellency, your decision to work in harmony with the ‘Renewed Hope Agenda’ of President Bola Ahmed Tinubu which is in synergy with your ‘Assured Prosperity’ vision will undoubtedly bring about the needed transformation and development for the people of Bayelsa State and the Niger Delta at large.
“Since assuming office, your guiding principle has been clear and consistent — to consult widely, act in the public interest, and deliver measurable development outcomes. That same principle has informed your latest political alignment, and it will continue to serve as a compass for your Assured Prosperity Administration”, he said.
He further praised the governor’s performance in office, stating that Gov. Diri’s administration has been characterized by purposeful governance and tangible results, reaffirming his continued loyalty and support for the governor, while also assuring that he and his associates will keep identifying with the Gov Diri’s administration in the collective effort to sustain peace, unity, and progress in the state.
While restating his continued solidarity with the governor’s leadership in the state, Dr Dudafa promised to lend his support to ensure that he finishes strong.
“Governor Diri’s political maturity and developmental focus have repositioned Bayelsa for a brighter future”, he added.
The Tide further learnt that Dr Dudafa once served as Special Adviser to a former governor of the State on Youth Mobilization and Empowerment.
“I want to again commend the governor for his courage and vision. His alignment of the State with the federal government under the Renewed Hope Agenda is a step toward ensuring inclusive governance and attracting more federal presence to the state”, he said.
By: Ariwera Ibibo-Howells, Yenagoa
A publication circulating online had quoted Alhaji Sheriff as saying, “It’s not me; it’s Shettima who created Boko Haram.”
But in a statement issued on Saturday, Alhaji Sheriff dismissed the report as a “complete fabrication” aimed at misleading the public and stirring political discord.
“The said story is a complete fabrication, devoid of truth, and a deliberate attempt to mislead the public, malign the person of Senator Sheriff, and sow discord within the nation’s political landscape,” the statement read.
Alhaji Sheriff said he never granted any interview or spoke to any journalist on the matter, adding that the falsehood was designed to undermine his long-standing commitment to peace and national unity.
“This false report is not only mischievous but also a dangerous piece of fake news aimed at undermining years of Senator Sheriff’s contributions to peace, national unity, and development, both in Borno State and across Nigeria,” the statement added.
The former governor urged members of the public and the media to disregard the publication, noting that he had directed his legal team to identify and pursue those behind the story.
“Senator Sheriff has instructed his legal team to take immediate steps to identify all individuals, bloggers, or media outlets responsible for the dissemination of this defamatory material.
“Should the false publication not be retracted and taken down forthwith, the Senator will not hesitate to seek full legal redress under the law”, his media office said.
Alhaji Sheriff reaffirmed his commitment to Nigeria’s security, stability, and democratic values and vowed to ensure that the spread of misinformation does not go unpunished.
Politics
Anambra Guber: I’m Not Impressed, LP Candidate Says …As Observers Lament Vote-buying, Low Voters Turnout
Mr Moghalu spoke to journalists on Saturday shortly after casting his vote at Uruagu Ward 1, Nnewi.
He urged the Independent National Electoral Commission (INEC) to rise to its responsibility of making the process credible.
He also alleged voter apathy, attributing it to people’s lack of confidence in the electoral process.
Mr Moghalu said that even though it was too early to say whether the process was free, fair, and credible, he was not impressed.
“I am not impressed; there were no issues of glitches, at least for now. As we go along to monitor the process, we’ll confirm. In terms of voting, there’s an improvement over previous elections.
“I can’t say it’s free and fair because if you monetise a process, you weaponise poverty. What’s free about it? There’s no doubt there’s low voter turnout, and that has been the trend,” he stated.
The LP’s flag bearer stated that it was incumbent on INEC to continually improve the process, as voter apathy is a manifestation of a loss of confidence in the people.
Reports from Yiaga Africa, European Union Support to Democratic Governance in Nigeria (EU-SDGN) II, and other partner organisations indicated that voter turnout was low in most polling units across the 21 local government areas of the state.
Speaking to journalists in Awka, the Executive Director of Yiaga Africa, Mr Samson Itodo, identified vote-buying and low turnout as recurring issues observed in the thematic areas of the election.
Also, Asabe Ndahi of the Kukah Centre decried logistical challenges, including the late arrival of the Independent National Electoral Commission (INEC) and security officials in high-risk areas, such as Nkwelle-Ezunaka, Ihiala, Ogbaru, and Nnewi South.
She added that incidents of vote-buying and voter intimidation were recorded in several local government areas.
that votes were being traded for between N15,000 and N30,000.
“It is sad that bad governance is fuelling vote buying and selling.
“For an unemployed youth who sells his vote for ?30,000, what will he be paid next month when there is no election?
“By selling your vote, you are saying no school, no hospital, no jobs and selling away your future. This is worrisome”, he said.
He called on journalists to play an active role in exposing and curbing the menace.
The former presidential candidate also described all the hopefuls in the governorship race as his friends.
“Whoever wins, let him serve the people. Nigeria needs service now. We need to pull our people out of poverty,” he said,
Earlier, Mr George Moghalu, LP governorship candidate, said despite the heavy deployment of security personnel for the election, he had received reports of widespread vote-buying.
He also described the trend as “most unfortunate”, and warned that the crime undermines the integrity of the electoral process.
Mr Moghalu added that he remained optimistic on the outcome of the election, as he had campaigned extensively and presented his manifesto to the electorate.