Politics

Sustain Electoral Act 84 (12), NASS Prays Court

Published

4 years ago

April 20, 2022

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.”

Politics

Parties’ Deregistration: How Justice Lifu Overruled Appeal Court Justices

Published

1 day ago

June 17, 2026

The Tide

Justice Peter Lifu of the Federal High Court in Abuja on Monday brushed aside the order of the Court of Appeal in Abuja which ordered him to stay proceedings in a suit that sought deregistration of the African Democratic Party (ADC), Accord Party and three others.
The Court of Appeal in a unanimous decision of a panel of three Justices had on May 22, 2026 directed the Federal High Court Judge not to proceed with the suit until an appeal pending before them and filed by Accord Party is resolved.
In a Certified True Copy Enrol Order of the Superior Court, Justices Mohammed Danjuma, Adebukola Banjoko and Oyejoju Oyewumi asked the lower Court Judge to stay proceedings until all issues on the appeal filed by the Accord Party were resolved
Governor Ademola Adeleke of Osun State had, through the Accord Party, applied to justice Lifu to join him as a defendant in the deregistration legal battle instituted by a group of former legislators.
The contention of the Osun State governor was that he had a stake in the Accord Party, being the platform he was seeking re-election in the August 15 gubernatorial poll in the state.
In his ruling, Justice Lifu on April 27 ruled against the Osun State governor, rejecting his request to be joined in the suit to defend his own position and interest.
Not satisfied with the Federal High Court decision, the Osun State governor, through his lawyer, Musibau Adetunbi (SAN), moved to the Court of Appeal in Abuja where he challenged the Justice Lifu decision to refuse to allow him join the suit.
After listening to the argument canvassed, especially that he has interest to protect as Accord Party gubernatorial candidate for Osun State governorship election, the three Justices of the Court of Appeal, unanimously directed Justice Lifu to allow them look into the grievances of the governor.
In specific terms, the Court of Appeal Justices directed Justice Lifu not to proceed further with the matter and fixed October 27 to determine the interlocutory appeal of the appellant.
However, when the certified enroll order and notice of appeal were served on Justice Peter Lifu by Mr Adetunbi (SAN), the judge rejected it on the ground that it was a ploy to arrest his judgment in the matter.
Although the judge had adjourned his judgment delivery in the matter indefinitely, he finally made a dramatic turn around on Monday and proceeded to deliver the judgment that has now proscribed the five political parties.

Politics

ADC: Okonkwo Rejects Amaechi As Presidential Running Mate, Withdraws Support

Published

1 day ago

June 17, 2026

The Tide

Actor turned politician, Mr Kenneth Okonkwo, has rejected the choice of former Rivers State Governor, Mr Rotimi Amaechi, as the running mate to Alhaji Atiku Abubakar in the 2027 presidential election on the platform of the African Democratic Congress (ADC).
In a statement on Monday, Mallam Bolaji Abdulllahi, the National Publicity Secretary of the ADC, announced the party’s choice of Mr Amaechi.
However in a statement, Mr Okonkwo said that the choice of Mr Amaechi from the South South strengthens the continued marginalization of people from the South East.
According to the former spokesperson of the Labour Party, any arrangement that would not factor a person from the South East either as president or vice president in the party is anti-Igbo.
He contended that Chief Raph Nwosu, who founded the ADC in 2005 and willingly surrendered it’s leadership to Senator David Mark did not do so to entrench Igbo marginalization in the party.
The former actor said: “I heard from the social media that ADC has picked its vice presidential candidate from the South-South. If this is true, it is unfortunate, as this will continue the crude marginalisation of the South-East.
“This geo-political zone has neither produced a president or vice president since 1999. To deny the South-East the opportunity to produce the president or vice president in the ADC in 2027, will amount to perpetuating the marginalisation.
“The ADC was founded by Ralphs Nwosu from the South-East in 2005. He made the sacrifice to give up the party in 2025 for the coalition to usher in a better Nigeria. He couldn’t have made that sacrifice to marginalise his own people.
“I did not join the coalition to assist in marginalisation of my own people further. I am of the opinion that if we made a sacrifice to give up the national chairman and the president, it will amount to unpardonable injustice to deny us the vice president in 2027.
“I joined politics to fight for a better Nigeria where no region, geo-political zone, or person will be marginalised.
“The only favour I asked Atiku Abubakar, who openly declared that he is the pathway to the presidency of the South-East, is to show it by choosing someone from the South-East to be his vice.
“If it is confirmed that he has chosen a candidate from the South-South, I wish him well. I am not favourably disposed to campaigning for any presidential ticket that does not have a person of South-East origin as president or vice in 2027”

Politics

2027: Tinubu’s Projects Give APC Edge In South East – Yilwatda

Published

1 day ago

June 17, 2026

The Tide

The National Chairman of the All Progressives Congress (APC), Professor Nentawe Yilwatda, on Monday said that the numerous projects being executed by President Bola Tinubu across the states in the southeast will give him upper hand over other presidential candidates during next year’s general elections.
Prof. Yilwatda stated this at the Abakaliki Township Stadium during a mega rally organized by the Ebonyi State government and Minister of Works, Senator David Umahi, during which President Tinubu and other APC candidates for the 2027 general elections were adopted.
According to the APC National Chairman, no President had done for the southeast region what President Tinubu has done for them and expressed the confidence that the president would not only win in Ebonyi State but in the entire South East.
Prof. Yilwatda also used the occasion to address growing insinuations in some quarters that Ebonyi State had been conceded to the Peoples Democratic Party (PDP) ahead of the 2027 general elections.
Dismissing the claim, Prof. Yilwatda said the state would not allow the PDP to win any position in the forthcoming general election.
“We will return President Bola Ahmed Tinubu and Francis Nwifuru as Governor of Ebonyi State in 2027.
“We want to return all APC senators, members of the House of Representatives and House of Assembly candidates in 2027.
“Nobody has conceded Ebonyi to the PDP. Therefore, there is no vacancy in Ebonyi State. Ebonyi PDP has no place, and there is no vacancy at all in the Government House come 2027,” the APC National Chairman declared.
He commended the people of the state for their support for President Tinubu and urged them to re-elect him in the next presidential election in appreciation of what he has done for the state and the entire South-East through infrastructural transformation and human capital development.
Governor Francis Nwifuru, who also spoke at the event, said the state had no other presidential candidate for the 2027 general elections apart from President Tinubu.

He declared that Ebonyi remained a stronghold of the APC and vowed that the party would deliver the President in the state.

Gov. Nwifuru said President Tinubu had shown exceptional commitment to the state and deserved total support for appointing Senator Umahi as Minister of Works, a role he said Senator Umahi had performed creditably.

“Ebonyi has no other presidential candidate apart from President Bola Ahmed Tinubu, and we will return him in the presidential election.

“We are standing here today to tell the whole world, especially those using the President’s name to orchestrate division and confusion in this great state, that we have only one party, and that is the APC.

“This statement became necessary because some people are going around claiming they have discussed with Mr President and that he has handed Ebonyi over to the PDP. They are also saying that Chief Nyesom Wike is their leader and that Wike said the President has given Ebonyi to him.

“Ebonyi is not for sale. We are restraining ourselves because the people are with us. Nobody should push us because we have what it takes to confront anyone trying to destabilise us.

“We want to tell Mr President that he has earned our votes. He gave us what we had never had in Eastern Nigeria — the office of the Minister of Works. And this Minister of Works is not sitting idle; he is working,” he stated.

Senator Umahi, in his remarks, said President Tinubu had done what no other President had done for Ebonyi State and the entire South-East by executing numerous projects across the state and the region.

“Ebonyi State is a one-party state under Governor Francis Ogbonna Nwifuru. We are not going to repeat the mistakes of the past.

“President Bola Ahmed Tinubu has done a lot, not just for Ebonyi State but for the entire South-East and other geopolitical zones,” he said.