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.”
The Independent National Electoral Commission (INEC) has begun deploying non-sensitive materials to the zones as it prepares for the 2027 general election.
Acting Chairman of the commission, Prof. Rhoda Gumus, disclosed this in Abuja, yesterday at a bench-marking meeting with a delegation of Kenya’s Independent Electoral and Boundaries Commission (IEBC).
“Right now, all non-sensitive materials are almost ready. In fact, today as we speak here, the non-sensitive materials have been lifted to some zones now,” Gumus said.
She said the commission had completed nine of its scheduled activities and was preparing for the next phase.
“We are preparing for the election next year and we have activities lined up. So far, we have been able to complete nine activities and we are still preparing for the next level of activities,” she said.
Gumus said the commission’s leadership had just concluded a tour of the country’s six zones to assess their level of preparedness.
“The purpose was to go round the zones to see how prepared we are, assess what the zones have put in place, their challenges and what to do. We concluded last week and we can see from our tour that we are really going towards the election proper,” she said.
On Permanent Voter Cards (PVCs), the acting chairman said production had been completed and distribution to the states was well advanced.
“As of today, we can say that PVCs have been produced and the first, second batches, most of the states have received them. Their PVC collection is ongoing. All those who are supposed to be the voters are supposed to receive their PVCs, and if they don’t have them, it is also another challenge,” Gumus said.
She added that capacity building was under way for staff at the headquarters and in the states, and that the procurement and deployment of the Bimodal Voter Accreditation System BVAS devices were also ongoing.
On diaspora voting, Gumus said the commission could not proceed for now because the law did not provide for it.
“Here, because we go by the law, in our electoral law, it is not included there, so we cannot go on for the diaspora voting for now until we amend the electoral law,” she said.
The acting chairman said the commission had arranged for its directors to hold an interactive session with the Kenyan team and present papers on the work of their departments.
Leading the delegation, the Kenyan High Commissioner to Nigeria, Isaac Parashina, said the IEBC team was in Nigeria to benchmark ahead of Kenya’s general election in August 2027.
He said the team was studying how Nigeria handled its diaspora population and special voting groups, as Kenya sought to widen voting rights for citizens living abroad.
“Currently we have about 12 of them who voted in the last general election, but there is intention to expand to around, I think, 26,” Parashina said, referring to the countries where Kenyans abroad vote.
He said the expansion was a constitutional requirement backed by Kenyan court rulings, and would be enforced progressively.
Parashina said Nigeria’s election, which he noted would come in two rounds, would be closely watched across Africa.
“Everyone is looking at what Nigeria will do because it is the biggest democracy in Africa. The success of Nigeria remains a great success to Kenya and indeed to the continent,” he added.
The High Commissioner thanked INEC for receiving the team despite a tight schedule and wished the commission success.
Governor Douye Diri has set a target of at least one million votes for President Bola Tinubu in Bayelsa State in the 2027 presidential election, while charging the newly inaugurated All Progressives Congress (APC) State Campaign Council to prioritise reconciliation, party unity and collective electoral mobilisation.
Governor Diri gave the charge at the inauguration of the 20-member campaign council at the APC secretariat in Yenagoa, where he warned that internal divisions could undermine the party’s efforts to secure victory for President Tinubu and other candidates at the federal and state levels.
Governor Diri urged party members who were not appointed to the council to support its activities by taking the APC’s message to communities, wards and polling units across the state.
He specifically charged the campaign team to mobilise at least one million votes for President Tinubu, arguing that Bayelsa’s voting strength had increased and should be reflected in the 2027 election results.
“I give you a target that in Bayelsa, we must not bring less than one million votes for Mr President. You are going to campaign, and you have a lot to talk about the President. He has done so much for our people,” the governor said.
He listed the Lagos-Calabar Coastal Highway, the second phase of the Nembe-Brass Road, interventions in the power sector, federal appointments for Bayelsa indigenes and the establishment of the Ministry of Marine and Blue Economy among the achievements the campaign should present to voters.
The governor particularly praised President Tinubu for the coastal highway project, arguing that it reflected federal attention to the development needs of coastal communities.
“No president, alive or dead, has remembered the coastal people and coastal states to say let us do this signature project from Lagos to Calabar. The first president to think about it is Bola Tinubu, and those were the demands of the Ijaw people,” he said.
Governor Diri also expressed hope that a second term for President Tinubu would provide an opportunity to advance demands for fiscal federalism, greater resource control and state policing, which he described as longstanding aspirations of the Niger Delta.
He said the President had shown indications of addressing some of the demands of younger Nigerians and argued that re-election would allow the administration to consolidate its reforms.
The governor further cautioned campaigners against personal attacks and abusive exchanges with political opponents, insisting that the APC should focus its campaign on issues, policies and achievements.
The governor’s mobilisation directive comes amid criticism from the opposition Peoples Democratic Party (PDP), which has questioned his commitment to President Tinubu’s re-election campaign, alleging that APC campaign billboards erected across Yenagoa promote other party candidates without featuring the President.
The PDP, through its Publicity Secretary, Mr Ikaebimo Mark, said the billboards showed Governor Diri urging voters to support APC candidates for the National Assembly and State House of Assembly elections without identifying President Tinubu as the party’s presidential candidate.
Mr Mark described the omission as an indication that the governor was not fully aligned with the APC’s national leadership.
“When we said that the governor, Senator Douye Diri, is not supporting President Bola Ahmed Tinubu, we knew exactly what we were saying. Now Governor Douye Diri has erected APC campaign billboards across Bayelsa State without Tinubu’s picture. He is even afraid to associate himself with the photograph of the presidential candidate of his own party. How can this governor claim to be supporting President Tinubu?” he said.
The PDP, however, maintained that the governor’s public campaign posture raised questions about his commitment to the President’s re-election bid. Its allegation over the billboards now places the issue of the relationship between the state APC leadership and the party’s national campaign among the political questions likely to feature in Bayelsa’s preparations for 2027.
The PDP’s allegation has introduced a fresh political dimension to the APC’s preparations in Bayelsa, even as Governor Diri publicly called on party leaders and members to close ranks and mobilise support for all its candidates.
“Every person picked as a member of this campaign council was carefully scrutinised. I want to tell you that our campaign team is loaded. We parade the best candidates among all the parties in Bayelsa State, and there is no doubt about that,” he said.
He urged members to remain focused and united, warning that political opponents could exploit any divisions within the party.
“Our unity is very important because they would want to feast on our disunity. We will not give them that opportunity. Please, as you carry out this assignment, do not take your eyes off the target,” Hon. Ogoriba said.
SP Edafe explained that during the meeting, the organisers were briefed on the identified security threats and advised against embarking on an open-road procession.
Instead, the police reportedly recommended that the political activities be conducted at a designated venue where adequate security arrangements could be provided.
However, the Command alleged that the organisers disregarded the security advice and proceeded with the road procession.
Meanwhile, the Delta State Government has condemned the political violence that erupted in Asaba, the state capital, on Saturday, confirming that one person was killed while four others sustained serious injuries.
The government described the incident as unfortunate and unacceptable, warning political parties and their supporters against actions capable of threatening public peace, security and democratic participation in the state.
In a statement issued by the Commissioner for Works (Rural Roads) and Public Information, Mr Charles Aniagwu, the government reiterated its zero tolerance for political violence, intimidation and other forms of political misconduct.
Mr Aniagwu said the government had repeatedly cautioned political parties against engaging in activities capable of disrupting the peace, insisting that the incident could have been avoided if the organisers had followed security advice.
According to him, the police had advised the organisers to cancel the proposed street march and instead conduct their political campaign at a designated venue where adequate security arrangements could be provided.
He expressed concern that the advice was allegedly disregarded, resulting in a confrontation that claimed one life and left four other people seriously injured.
The government subsequently called on the police to conduct a thorough investigation into the circumstances surrounding the violence and ensure that anyone found culpable is brought to justice.
Mr Aniagwu further warned that the state government would not tolerate politically motivated attacks against any individual, regardless of political affiliation.
He maintained that Delta State remained safe for residents and visitors, stressing that the government would not allow the actions of individuals or groups to undermine the prevailing peace and security in the state.
The government also urged political parties, their leaders and supporters to conduct their political activities within the confines of the law and demonstrate respect for human life, public order and the rights of other citizens.
The latest development follows an attack on supporters of the Nigeria Democratic Congress (NDC) during a political procession in Asaba, which reportedly left several participants injured and campaign vehicles vandalised.
The government’s condemnation comes amid growing concerns over political violence and the safety of opposition supporters as political activities intensify ahead of the 2027 general elections.
-
Politics4 days agoLG CITY BOY COORDINATOR HAILS WIKE’S SUPPORT FOR ONYESOH, TINUBU
-
Politics4 days ago
DIRI INAUGURATES APC CAMPAIGN COUNCIL, SETS MILLION VOTES TARGET FOR TINUBU
-
Politics4 days agoNDC Candidate Urges Oborevwori To Probe Asaba Political Violence
-
News4 days agoArmy Recovers X Account After Hack Attempt
-
Business5 hours ago
‘NUJ, NPA’s Partnership Would Boost Port Producrivity, Economic Growth’
-
Politics4 days ago
2027: Oborevwori Tasks Media On Fair, Accurate Reporting
-
Politics4 days ago
2027: AKPABIO ENVISAGES TINUBU’S VICTORY IN SOUTH SOUTH REGION
-
Business4 days agoNigeria Loses N17tr Yearly To Abandoned Projects