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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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Tinubu Swears In New INEC Chairman

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President Bola Tinubu, yesterday in Abuja, swore in the sixth substantive chairman of the Independent National Electoral Commission (INEC), Prof. Joash Ojo Amupitan (SAN).

At the ceremony held at the State House Council Chamber, President Tinubu urged the new INEC Chairman to serve with integrity and beyond reproach.

“Your nomination and the subsequent confirmation by the Senate are a testament to your capacity and the confidence reposed in you by both the executive and the legislative arms of government.

“This significant achievement marks the beginning of a challenging, yet rewarding journey, and I trust that you will approach your responsibility with the highest level of integrity, dedication and patriotism,” the President said.

President Tinubu noted that the country had been on a path of democratic governance and learning since 1999, with notable achievements in the strengthening of various institutions.

“Our democracy has come a long way in 25 years. We have consolidated and strengthened our democratic institutions, particularly in electoral systems, through innovations and reforms.

“We have learned a great deal along the way and have improved significantly from where we were many years ago. We must now remain committed to the principles that underpin democracy in a complex and multifaceted society.

“The electoral process is a vital part of a democracy that grants the people the exclusive right to choose their leaders and shape their future. To ensure that our democracy continues to flourish, the integrity of our electoral process must be beyond reproach,” he added.

President Tinubu stated that the governorship election on November 8, 2025, in Anambra State will serve as a litmus test for the new leadership of the electoral commission.

“It is important that our elections are free, fair and credible. We must consistently improve our electoral process, addressing the challenges of yesterday and innovating for today and tomorrow.

“To maintain public trust in the election, electoral integrity must be protected. All aspects of the process – from registration to campaigning, the media access, voting and counting should be transparent, non–violent and credible.

“No electoral system is flawless, but since elections are vital to a nation’s future, it is essential to continually strengthen electoral institutions, ensuring that they are robust, resilient and safeguarded against artificial setback.

“I therefore charge you, Prof Amupitan, as you take on this important assignment to protect the integrity of our electoral process and strengthen the institutional capacity of INEC.

The swearing-in ceremony follows the Senate’s confirmation of the INEC Chairman’s nomination on October 16.

Amupitan succeeds Prof. Mahmood Yakubu, whose tenure as INEC Chairman ran from 2015 to 2025.

The 58-year-old academic outlined his plans to reform Nigeria’s electoral system, strengthen institutional independence, and rebuild public trust in the commission at the screening.

The new INEC Chairman will assume office immediately.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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Reps Ask FG To Curb Arbitrary Rent Hike Nationwide

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The House of Representatives yesterday urged the Federal Government, through the Ministry of Housing and Urban Development, to take urgent and decisive measures to curb the growing trend of arbitrary rent increases across the country.

The House, which described incessant rent increment as exploitative and detrimental to citizens’ welfare, took the resolution following the adoption of a motion on notice at Thursday’s plenary, sponsored by the member representing Calabar Municipal/Odukpani Federal Constituency, Cross River State, Bassey Akiba.

Recall that in May 2024, the House passed a similar resolution sponsored by Emmanuel Udo (PDP, Akwa Ibom), calling for rent control and landlords’ regulation within the Federal Capital Territory.

Udo’s motion advocated monthly rent payments and directed the House Committee on the FCT to propose measures to address excessive, reckless increments in rent by landlords.

Across the country, there are reports of a hike in rents, particularly in areas witnessing new government infrastructural projects such as roads and markets.

In the FCT, rents in some neighbourhoods have jumped from ?800,000 to ?2.5 million annually, for a two-bedroom flat; a development that has plunged many Nigerians into economic distress.

Akiba, while drumming support for the bill, argued that “The rise in the cost of living has made it increasingly difficult for families and businesses to meet rental obligations,” warning that “Unregulated rent increments threaten stability in the housing sector.”

While acknowledging landlords’ rights, he noted that tenants’ welfare must be equally protected to ensure fairness and economic balance.

Referencing Section 14(2)(b) of the 1999 Constitution (as amended), the lawmaker reminded his colleagues that the welfare and security of citizens constitute the primary responsibility of government.

He also cited the United Nations Habitat Agenda, which emphasises access to adequate and affordable housing as a basic human right.

Lawmakers present at the plenary voted in support of the motion when it was put to a voice vote by the Deputy Speaker, Benjamin Kalu, who presided over the session.

Consequently, the House urged the Federal Government to “Intensify efforts toward providing affordable housing schemes to ease pressure on the rental market and expand access to low-cost homes.”

It also directed the Federal Ministry of Housing and Urban Development to “Collaborate with state governments in implementing effective rent control policies, ensuring that public infrastructure development does not trigger unjustified rent escalations.”

The House also recommended that any rent review should not exceed 20 per cent of the existing rate, regardless of improvements in facilities.

Furthermore, the House mandated its Committee on Housing and Habitat to ensure compliance and submit a report within four weeks for further legislative action.

 

 

 

 

 

 

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New INEC Chair Pledges Free, Fair, Credible Polls

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The newly sworn-in Chairman of the Independent National Electoral Commission, Prof. Joash Amupitan, SAN, has vowed to restore credibility and public confidence in the country’s electoral system, declaring his appointment as a “divine” call to serve the nation.

Speaking shortly after his inauguration by the President at the State House yesterday, Amupitan declared that his mission was clear — to deliver free, fair, and credible elections while deepening democratic values across the nation.

During his first official meeting with the commission’s directors, he stressed that achieving INEC’s mandate would hinge on teamwork, discipline, and integrity within the institution.

“Our mandate is clear, and what is it? To deliver free, fair, and credible elections that reflect the will of the Nigerian people. To achieve this, we must work together as a team,” he stated.

Addressing INEC staff and directors, the don pledged to uphold the highest standards of transparency and accountability.

“As we mark the beginning of the new chapter, I want to assure you of my commitment to upholding the highest standard of integrity, transparency, and discipline in all our operations,” he said.

Turning his attention to the upcoming Anambra State governorship election, the INEC chairman described it as a defining moment for the commission.

“The upcoming Anambra state governorship election is not just another electoral exercise. It represents a pivot opportunity for us to demonstrate our commitment to free, fair, and credible elections,” he declared.

“The eyes of the nation are upon us, and it is our duty to rise to that occasion.

“Credibility in our election is paramount, and we must ensure that every voter feels confident that their vote will count. Because that is a constitutional task. And let’s restore back the confidence of every voter that whenever there is an election, their vote will count,” Amupitan added.

The don also made staff welfare a central part of his agenda, acknowledging that the commission’s workforce plays a vital role in ensuring credible elections.

“For me, staff welfare is going to be my priority. We are going to be expecting so much from you, so your welfare is going to be a priority.

“We’ll work assiduously and tirelessly to ensure that our working conditions are conducive and that our staff are equipped with the necessary resources to excel,” the INEC chairman assured.

The chairman, accompanied by his wife, children, and senior officials from the University of Jos, expressed gratitude to his academic colleagues who celebrated his appointment.

“I was told that the whole university got shut down out of excitement. One of theirs is now given this very heckling and important responsibility of heading this commission at this time,” he said.

Despite the weight of his new responsibilities, he said he was ready for the challenge.

“The places I’ve gone to, including some national commissioners, they were saying, I don’t envy you. But let me say that I am excited about the journey ahead.

“Together, let us uphold the values of democracy and work tirelessly for the credibility of our elections,” the don said.

He concluded his remarks on a reflective note, describing his appointment as part of a divine plan.

“Maybe if I had a choice, I would say I would not come here. But from all the indications, I could see that God is moving in this country, and my coming is divine.

“If God says go, who are you to say I’m not going? I’m here because I have a role to play to ensure that a new Nigeria is born. And of course, you know, INEC has a very, very important role to play in this quest.

“God bless you all, and God bless the Federal Republic of Nigeria,” he concluded.

 

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