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.”
Governor Abba Yusuf of Kano State has approved the release of N15.6 billion for the payment of outstanding severance gratuities, accommodation, and leave allowances owed to over N3,000 former councillors across the State’s 44 local government areas.
The approved payment covers councillors who served during the periods of 2014–2017, 2018–2020, and 2021–2024 under the administration of former Governor Abdullahi Ganduje. The entitlements, which remained unpaid for years, will now be disbursed in three installments between April and June 2025.
In a statement issued by the Special Adviser on Information to the Governor, Ibrahim Adam, the administration described the move as a corrective measure to address the neglect of past leadership and fulfil a promise to ensure fairness to public office holders.
“The approval of N15.6 billion is in fulfilment of Governor Abba K. Yusuf’s commitment to ensuring that all outstanding entitlements owed to our dedicated public servants are fully paid. It is a matter of principle and justice to uphold the dignity of those who have served in elected positions”, Mr Adam said.
He noted that the financial intervention reflects the governor’s broader vision of governance rooted in fairness, accountability, and public trust.
“His Excellency recognises the sacrifices and dedication of these former councillors. This action is part of a larger effort to right the wrongs of the past and restore faith in public administration,” he added.
Local government officials and affected former councillors have welcomed the decision, describing it as long overdue and a step toward healing the financial frustrations of many grassroots leaders.
Governor Yusuf’s administration, elected on a different political platform than his predecessor, continues to draw commendation for its proactive efforts to resolve inherited liabilities and improve the welfare of public servants.
As the payment schedule begins, it is expected that this intervention will offer financial relief to thousands and stimulate local economic activity across the state.
Politics
Gunmen Disrupt Political Rally In Bayelsa ….As Turnah, Others Emerge New Associates’Leaders
Scores of spectators and political faithful were hospitalised after a yet to be identified gunmen invaded a rally organised by a group loyal to the Minister of the Federal Capital Territory (FCT), Chief Nyesom Wike and President Bola Tinubu in Yenagoa, the Bayelsa State capital.
Part of the activities scheduled to hold at the occasion was the inauguration ceremony of the Bayelsa State chapter of the ‘New Associates’, a pro-Wike political forum.
The Tide which monitored the event reports that trouble started just at the preparatory stages of the event, when the unidentified gunmen launched sporadic gunshots from a farm close to the venue of the event, injuring unsuspecting spectators and party faithful across party lines.
However, calm was restored after a swift intervention by men and officers of the Nigeria Police Force and other security formations which enabled the event to go on as planned.
Speaking to newsmen shortly after restoration of calm, factional South-South zonal Secretary of the Peoples Democratic Party (PDP) and Chairman, Caretaker Committee of the State’s chapter of the party, Barrister George Turnah, commended security operatives for their timely response.
He noted that the plan of detractors had been defeated as forces loyal to certain individuals in the State never wanted the rally to hold as scheduled.
Turnah, who doubles as Convener of the ‘New Associates’ in the State, commended President Tinubu and Chief Wike for the appointment and facilitating the same for Ijaws across the Niger Delta region.
He said, but for the love of the duo for the Ijaw people of various extractions, the Presidency would not have given preferential political portfolios in the Federal Government’s Ministries Departments and Agencies (MDAs) to Ijaws even though the ethnic nationality produces bulk of the natural resources for the economic mainstay of the nation.
The PDP chieftain reiterated that the reason for the event which was attended across party lines was to say ‘thank you’ to the two political leaders, stressing that to ‘whom much is given, much was expected’.
“For me, I’m of the larger opposition party, PDP. But I’ve decided to support and work for President Tinubu for what he is doing for the Ijaw nation, Niger Delta region in particular and Nigeria in general.
“President Tinubu has given Bayelsans and other Ijaws across the Niger Delta region several juicy political appointments. He appointed our brother and son, Heineken Lokpobiri as Minister of Petroleum even though former President Muhammadu Buhari had previously appointed a Bayelsan as Petroleum Minister in his government.
“Apart from the Petroleum Minister, Tinubu has also appointed Ijaw sons, Chief Boma Iyaye as Executive- Director, Finance, and Dr Samuel Ogbuku as Managing-Director and CEO of the Niger Delta Development Commission.
“Though former President Buhari had appointed Ogbuku initially in Acting capacity, when President Tinubu came, even after sacking all board members of the Commission, he still kept our brother, the MD and upon the completion of his tenure in Acting capacity, the President again reappointed him as substantive MD/CEO.
“But there’s one man who has made all these appointments for Ijaws possible. He is the FCT Minister, Nyesom Wike. Ijaw people, Bayelsans are we not enjoying these appointments?
“Has the NDDC not lit up the entire Niger Delta region? Are you not feeling the impact of the Ogbuku-led NDDC? So for me and all the members of the New Associates we’ve decided to support President Tinubu for a second tenure so that our state and region can benefit more from his government”, he said.
“We want Governor Douye Diri to tell us his stand on the forthcoming 2027 general election. He should tell us whether he is supporting the President or not. If he’s supporting the President, we’ll work with him. After all, Diri was the first Governor from the South-South zone that benefitted from the President’s magnanimity during the 2023 elections and even in terms of infrastructure projects and appointments of Bayelsans at the Federal level”, Barr Turnah added.
In his remarks, Chairman of the occasion, and leader, Rivers Ijaw Peoples Congress (RIPCO), Senator George Sekibo, lauded President Tinubu and the FCT Minister for their love and friendship with the Ijaw people.
Represented by former Chairman of Akuku-Toru Local Government Area of Rivers State, Dr Roland Sekibo, Senator Sekibo said the ‘New Associates’ political forum was to galvanize support for the President for his 2027 election.
He said while President Tinubu had performed well as Nigeria’s leader, the FCT Minister had continued to show leadership from the federal level after showing the same in Rivers State while serving as governor.
“I like to thank the convener of the ‘New Associates’ political forum in Bayelsa State, Barr. George Turnah (MON) and the Coordinators for standing firm in spite of threats from highly placed political leaders not to hold this event.
“Love is not theoretically, but must be expressed, which explains why they have gathered to celebrate their Excellencies, President Tinubu and Barr. Ezewon Nyesom Wike for the various roles they have played and have continued to play to ensure the appointment of Ijaw sons and daughters to positions of trust and authority at the federal level.
“The ‘New Associates’ is in synergy with President Tinubu and will continue to follow directives from the FCT Minister who has openly declared support for Mr. President”, he said.
Ariwera Ibibo-Howells, Yenagoa
The Publicity Secretary of the Labour Party (LP) in Enugu State, Mr Titus Odo, has defected to the Peoples Democratic Party (PDP).
Mr Odo defected to the PDP on Wednesday alongside the former Commissioner for Chieftancy Affairs in the State, Emeka Mamah, who was the state Coordinator of the Peter Obi Presidential Campaign in the 2023 presidential election.
The duo dumped the PDP during the 2023 general elections for the Labour Party.
Receiving the defectors at the party’s state secretariat, the state PDP Chairman, Martin Chukwunwike, expressed happiness over their decision to return to their former party.
He explained that Governor Peter Mbah gave them the directive to do everything possible to bring back aggrieved party members who left the party.
“We are happy to have them in our midst, and God has set this party on a good footing, as 2027 is already assured,” he said.
The PDP chairman, however, called for unity within the party to package themselves ahead of the 2027 elections.
Speaking during their presentation to the party state chairman, Mr Odo expressed joy for returning to his former party, revealing that Mr Mbah’s massive development in the State informed his decision.
“I am happy to tell you that I am back to my home. I came back because of the giant development strides of Governor Mbah and I say kudos to him.
“The second reason is the defection of my immediate boss, the LP governorship candidate for the 2023 election in Enugu State, Dr Chijioke Edeoga.
“Another reason is that the council chairman in Igboeze North, Mr Uchenna Ogara, is turning the council area into a township,” he said.
Mr Mamah also thanked the PDP leadership in Igboeze North, Enugu North Senatorial zone and the state chapter of the party for receiving him back to the party.
He extolled Mr Mbah for extending hands of fellowship to those who had left the party, saying, “Personally, I am pleased with the performances of our governor.”