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Electoral Act: I Didn’t Order Senate To Remove Section 84 (12), Buhari Tells Court
President Muhammadu Buhari, yesterday, told a Federal High Court in Abuja that he did not order the Senate to remove the contentious Section 84 (12) from the amended Electoral Act 2022.
Contrary to the claims of the Peoples Democratic Party (PDP) in a suit instituted against him and 12 others on the Electoral Act, Buhari said that he only expressed reservations and concerns in respect of the aspect of the Electoral Act.
The president’s position was contained in a counter affidavit filed at the Federal High Court at the instance of the Attorney General of the Federation AGF and Minister of Justice, Abubakar Malami.
In the joint counter affidavit by Buhari and Malami to debunk PDP’S claims in the suit, the AGF explained that Buhari on February 25, 2022 gave proper, full and unconditional assent to the amended Electoral Act.
The counter affidavit by the President and Malami was filed on their authority by a Senior Advocate of Nigeria, SAN, Oladipupo Okpeseyi and deposed to by Abimbola Akintola, a legal practitioner.
Buhari and Malami averred that the claims of PDP in its suit against them on the Electoral Act are totally false and replete with gross untruths aimed at misleading the court to give judgement against them.
The counter affidavit read in part, “The assent of the 1st defendant (Buhari) to the Electoral Bill given on February 25, 2022 was proper, full and unconditional.
“The 1st defendant (Buhari) assented to the Electoral Bill 2022 on February 25 but did not give conditions or directives to the National Assembly in the manner erroneously deposed to by the plaintiff (PDP).
“At no time did the 1st defendant (Buhari) give any directive to the management or leadership of the National Assembly as regards the removal of Section 84 (12) of the Electoral Act 2022; from the Act.
“Prior to assenting to the Electoral Bill 2022, the 1st defendant (Buhari) merely expressed his observations and concerns about the constraints of Section 84 (12) of the Bill on serving public office holders and political appointees but gave his assent to avoid further delay as time was of essence.
“That the 1st defendant (Buhari) merely expressed his views not only to the National Assembly but to the entire nation as regards the inconsistency of Section 84 (12) of the Electoral Act with other provisions of the Constitution.
“On March 8, 2022, 1st defendant (Buhari) officially wrote the Senate President and House of Representatives Speaker to express his concerns about Section 84 (12) of the Electoral Act and formally requested for amendment to be effected on the section so as to eliminate areas of infarction with the Constitution.
“I’m aware that the National Assembly neither accepted nor acted on the opinion or suggestion of Buhari.
“In this instance, 1st and 2nd defendant, (Buhari and Malami) truly and firmly believe that Section 84 (12) of the Electoral Act disenfranchises and discriminates against Nigerians in public service or public office holders who are political appointees and prevent them from engaging in the electoral process in exercise of their inalienable rights in a participatory democracy.
“That Buhari and Malami have never taken it upon themselves to declare Section 84 (12) or any provisions of the Electoral Act unconstitutional as such is beyond their constitutional power”.
Besides, Buhari and Malami claimed that a Federal High Court in Abia State had in March through a judgement by Justice Evelyn Anyadike struck down the section, and ordered that it be deleted forthwith for being inconsistent with the Constitution.
The two defendants said that both the National Assembly and PDP have since appealed the judgement, adding that it was only the Court of Appeal that can restore the section into the Electoral Act and not any high court.
Insisting that the PDP suit has become academic and constituted abuse of court process on the strength of the pending Court of Appeal matter, Buhari and Malami asked the court to dismiss the PDP suit.
They argued that PDP should not be allowed to take over the functions of the National Assembly since it has no power to amend or enact law.
Buhari and Malami also averred that PDP has nothing to suffer if the contentious section was deleted, adding that removing the section would deepen the practice of democracy and stop discrimination against public servants and public office holders.
Justice Inyang Eden Ekwo of the Federal High Court in Abuja had on March 7 stopped Buhari, AGF and Senate President from tampering with the newly amended Electoral Act 2022.
The judge in a ruling on an ex-parte application by the Peoples Democratic Party (PDP) agreed that the Electoral Act having been assented to by Buhari has become a valid law and cannot be tampered with without following due process of law.
Ekwo agreed with Chief James Ogwu Onoja, SAN, counsel to PDP, that the proper place to challenge the validity of any existing law or the Electoral Act is a court of competent jurisdiction.
Specifically, the court had restrained all the defendants in the suit from removing Section 84 (12) of the Electoral Act or preventing It from being implemented for the purpose of the 2023 general election.
Meanwhile, hearing in the suit marked FHC/ABJ/CS/ 247/2022 has been fixed for May 16 by Ekwo.
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Isaac Boro Memorial: N’Delta Still Bleeds For Justice -MOSIEND
The Movement for the Survival of the Izon Ethnic Nationality in the Niger Delta (MOSIEND) has said that the structural imbalance in resource ownership, weak fiscal federalism, environmental degradation, political exclusion, and the implementation of anti-oil-producing community policies still continue in the Niger Delta 58 years after Isaac Adaka Boro died for the struggle.
MOSIEND made this observation in commemoration of 58th Isaac Adaka Boro Day in Port Harcourt at the weekend.
Boro was a revolutionary leader of Ijaw extraction in the Niger Delta who fought for the emancipation of the minorities in the region.
The group described the late hero as a visionary son of the Niger Delta whose struggle transcended ethnic identity and spoke for the collective aspirations of all minority nationalities of the region.
The statement noted that though Boro was of the Ijaw heritage, “his agitation was never for the Ijaw extraction alone, his revolutionary call was for the emancipation, dignity, justice, and equitable treatment of all oppressed minorities of the Niger Delta.”
This was contained in a statement by the MOSIEND President, Comrade Kennedy Tonjo West.
MOSIEND said 58 years after Boro’s prophetic declaration, the injustices and dissatisfaction he identified remain substantially unresolved.
“The structural imbalance in resource ownership, weak fiscal federalism, environmental degradation, political exclusion, and the persistent implementation of policies perceived as anti-oil-producing communities continue to validate Boro’s concerns.
“The continued operation of laws such as the Land Use Act, and policy frameworks many consider unfavorable to host communities, has sustained the painful contradiction whereby the Niger Delta bears the burden of exploration while often seeing inadequate proportional development.
“This inequity becomes even more troubling when compared with differing approaches to resource governance across other parts of the federation.
“It is important to state that the commemoration of Boro’s Day must not be reduced to an Ijaw youth event alone, doing so diminishes the broader significance of his sacrifice and narrows the historic burden he carried for the entire Niger Delta.”
“The group urged the Federal Government to “revisit all policies that inhibit host community participation and to sincerely address the demands for true restructuring and fiscal federalism, which remain essential for national stability and justice.”
The statement reads in part, “We also note with concern the slow pace of strategic marine and blue economy development within the Niger Delta, despite the region’s immense maritime potential, while comparable developments elsewhere often receive accelerated implementation. This imbalance reinforces long-standing perceptions of exclusion.
“To the Ijaw nation, Boro’s Day calls for sober reflection. Disunity remains one of the greatest obstacles to our collective progress. Internal divisions create loopholes for manipulation and weaken the strength of our advocacy. We therefore call on all Ijaw sons and daughters to embrace peace, unity, and purposeful engagement.
“To all Niger Deltans, this is a moment to rise above ethnic boundaries and work together in harmony for the advancement of our shared destiny. To Nigeria as a whole, the time has come to confront the unresolved questions of justice, equity, constitutional balance, and national inclusion.
“The strength of any federation lies not in the dominance of some, but in the fair accommodation of all.
“This 58th Boro’s Day is not merely a remembrance of history; it is a solemn reminder that Isaac Jasper Adaka Boro was a man far ahead of his time. His vision remains alive because the issues he raised remain alive.
“May this day inspire courageous leadership, sincere dialogue, national rebirth, and a renewed commitment to building a Nigeria where every region can truly call this nation home.”
By: Chinedu Wosu
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FG To Unveil Radio Station For Adult Education
The Federal Government will soon inaugurate a dedicated radio station to broadcast lessons for adult and non-formal education learners across the country.
Director of Literacy and Development at the National Commission for Mass Literacy, Adult and Non-Formal Education, Dr John Edeh, disclosed this in an interview with the News Agency of Nigeria in Abuja on Saturday.
Edeh, who is also overseeing the commission, said the initiative was approved by the Minister of Education, Dr Tunji Alausa, to expand access to learning in remote communities.
He explained that radio remained the cheapest and most accessible medium for reaching marginalised and hard-to-reach populations.
According to him, the station will broadcast literacy and vocational education programmes nationwide and beyond Nigeria’s borders.
“Already, we have started the implementation process with the National Commission for Nomadic Education, and this approval was granted by the Minister to ensure that the radio station is established.
“With the radio, we can also leverage myths, so that it can broadcast lessons to every nook and cranny of the country, and this radio station also covers other countries.
“We are using digital technology now to reach our learners wherever they are,” he said.
Edeh added that the radio platform would be jointly utilised by NMEC, the National Commission for Nomadic Education and other agencies responsible for the education of out-of-school children.
“That radio will become a non-formal education radio station, so it will be utilised by our commission.
“Those three agencies will have access to use the radio station to broadcast lessons.
“So, there won’t be any issue of any area not being reached.
“When broadcasting begins, the frequency will be shared with learners so they can tune in from anywhere,” he said.
Edeh added that the initiative formed part of the government’s digital strategy to ensure no learner was excluded from education due to location or circumstance.
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Fubara Reaffirms Membership Of APC …As RSG Completes Rumuigbo General Hospital
Rivers State Governor ,Sir Siminalayi Fubara, has reaffirmed his membership of the All Progressives Congress (APC).
The affirmation followed the widespread speculations that he has defected from the ruling APC to the Nigeria Democratic Congress (NDC) in the ongoing realignment of political forces ahead of the 2027 General elections.
Fubara made the clarification during an inspection tour of the newly constructed General Hospital and the fully remodelled Neuropsychiatric Hospital, in Rumuigbo, Obiakpor Local Government Area of the State, recently.
He said that contrary to the erroneous reports in a section of the media in the last couple of days, suggesting that he had joined another political party, he remained a member of the ruling party and will continue to work for the overall interest of the party.
“I know that there have been a lot of drama in the media; one story or another. I am a member of the All Progressives Congress (APC) and nothing has changed. People should stop using whatever situation that they pick up from the social media or their own interpretation of any situation to present me wrongly.
“I’ve not gone anywhere; I’m still a member of the APC and I remain a member. Whatever happens, what is important is supporting the overall interest of the party,” he said.
The governor, who was conducted round the facilities by the Director of Medical Services in the Rivers State Ministry of Health, Dr. Vincent Wachukwu, expressed delight at the completion of the two projects which, according to him, were conceived to address critical needs in the health sector in the state.
He recalled that while the rehabilitation of the Psychiatric Hospital became necessary at some point, the administration also discovered that the area had no General Hospital to take care of the basic health needs of the people.
“This very project, if you could remember, when we came in we had an issue that required our sudden visit and it had to do with mental health. So, when we came here for the inspection of the Rehabilitation Centre that the board was trying to put together, we found out that we had more issues than even the mental health issue.
“We didn’t have a General Hospital to serve the people within this area. The closest medical center that they had here was the University of Port Harcourt Teaching Hospital (UPTH) which is very far from here. We felt that with the space we have in this compound, it will be proper for us to also have a General Hospital situated in this particular facility to take care of the neighboring communities up to Rumuola, Rumuolumeni and all the surrounding areas.
“Today, to the glory of God, we can see that the project is already completed. It is not 95 percent complete, it is a hundred percent completed.
“We’re happy because, it is a promise made and a promise fulfilled. Like I’ll always say, what is important is doing what will touch the life of our people. Our people should be first and that is how important this project is for us in this administration,” he said.
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