Nation
Judge Fixes May 24 For Suit On Electoral Act
Justice Inyang Ekwo of the Federal High Court, Abuja, has adjourned to May 24 for definite hearing in a suit filed by the Peoples Democratic Party (PDP) seeking to stop the National Assembly from deleting the controversial Section 84 (12) of the Electoral Act, 2022.
The judge adjourned hearing in the matter to enable parties to address him on the effect of the recent Court of Appeal’s judgment on the contentious section.
The Court of Appeal sitting in Abuja had, last week, voided the judgment of the Federal High Court, Umuahia, which directed the Federal Government to delete the said section for being unconstitutional.
The appellate court in its unanimous judgment held that Justice Evelyn Anyadike of the Federal High Court in Umuahia did not have the necessary jurisdiction to make such an order because the plaintiff who brought the case did not have the locus to file the case in the first place.
The Appeal Court, however, after setting aside the judgment of the lower court, delved into the merit of the case and came to the conclusion that the said Section 84 (12) was unconstitutional because it infringes on the fundamental rights of a class of persons (political appointees).
Based on this decision, Justice Ekwo at the resumed hearing of the case asked the plaintiff represented by Joseph Daudu, SAN, if the court can still proceed with the matter.
Daudu, a former President of the Nigerian Bar Association, answered in the affirmative, explaining that there is no issue of fundamental rights before the court.
The PDP’s case was aimed at stopping the National Assembly from tampering with the Electoral Act, 2022, as requested by President Muhammadu Buhari.
The president had, while assenting to the amended bill, written the lawmakers to delete Section 84 (12) from the Electoral Act, 2022 for being anti-democratic.
But the PDP in the suit, is challenging the legality of the National Assembly to delete provisions of the law without recourse to the court.
In responding to Justice Ekwo’s questions, Daudu stated that the appellate court in its judgment held that Section 84 (12) contravened Section 42 (1)(a) of the Constitution which has to do with the fundamental rights of certain class of citizens, adding that fundamental rights issue was not among the issues before the court, hence the court can proceed.
He also clarified that the appellate court in the judgment also held that the Section 84 (12) did not violate the provisions of the Constitution on requirements for qualification and disqualification as the said portions of the Constitution concerns Public Servants of whom the appellate court held is quite distinct from political appointees.
The senior lawyer also informed the court that the judgment of Justice Anyadike was set aside because the court lacked the jurisdiction to entertain the suit in the first place.
However, Mr Oladipupo Okpeseyi, SAN, who represented President Buhari and the Attorney General of the Federation, told the court that there is no difference between the suit before him and the one of the Federal High Court, Umuahia which the Appeal Court has already passed its verdict.
The appellant at the Court of Appeal is the same plaintiff here,” he said.
Responding, Justice Ekwo advised the PDP to take a second look at its process and fixed May 24, for hearing.
Section 84 (12) of the Electoral Act bars all political appointees from participating in the congresses and conventions of political parties unless they resign 30 days earlier.
The Movement for the Survival of the Izon Ethnic Nationality in the Niger Delta (MOSIEND) has called on the Management of Niger Delta Development Commission NDDC to embark on the water projects in Buguma city in Asari Toru Local Government Area, Rivers state
The Group called on the Rivers state government to revamp the Buguma fish farm to create employment for the teeming youths
On the water project in Buguma, MOSIEND said the population of Buguma has increased tremendously as the residents need more water projects to enhance the daily livelihood of the people
The Group also appealed to the Chairman of the council to assist in making the project a reality and attracts more developmental projects to the city
This call was on Rhythm 93.7 FM Port Harcourt, Radio program, Talk of the Town, by MOSIEND Eastern Zonal Coordinator of MOSIEND Half Hour Comrade Tammy Bruce Longjohn alongside Mark Ojuka,Chairman of Buguma and Hon Sandra Owunari JP Chairman Obuama and monitored by our correspondent
Comrade Ojuka also called on the Management of Liquidifed Natural Gas NLG to embark on a free medical outreach in all Kala bari communities to improve their health status
He appealed to LNG to award scholarship to indigens of Kalabari communities in tertiary institutions to better their education, noting the company is doing same in Bonny, abandoning Kalabari communities
“We need contracts, free medical, scholarships and employment including skill acquisition programs for our teeming youths in Kalabari extractions ”
On Security, Mark Ojuka said security in Buguma is at zero level with the help of the Ama Ma soldiers the city is more peaceful and investors friendly as the youths of area have cordial relationship with the security agencies in the area
“Security is very secured in Buguma clan”
He called on the Rivers state to revamp the Buguma fish farm to create employment for the teeming youths
“The youths are asking for human capacity building in the area to reduce unemployment”
“The revamping of the Buguma fish farm will also reduce youth violence”
Also Speaking, Eastern Zonal Coordinator of MOSIEND Half Hour Comrade Tammy Bruce Longjohn called for more improve in infrastructures in Kalabari community, especially in electricity
There is little improvement in terms of electricity in Buguma city
He decried the deplorable condition
of Buguma Health Centre, saying that the hospital is near functional
“Our sisters that are pregnant and our sick parents can not access the health centre for a better treatment ”
Describing the Health Centre as an eye saw, he called on Rivers state government and Buguma Local Government chairman Hon William to improve on facilities in the centre and make it more medically accessible to the sick persons in the area
Buguma, Tammy Bruce said is the spiritual headquarter of Kalabari people as such deserve more modern facilities from the government to improve lives
The Coordinator called on government, stakeholders and oil companies to assist and improve the poor infrastructural facilities in area
“We need first class hospitals, qualified medical doctors and nurses in the health centres and hospitals”
On the oil spilled in Obuoma Chairman MOSIEND Obuoma, Hon Sandra Owunari said the spill destroyed their crops and Rivers even polluted their only source of drinking water
She expressed displeasure that Rivers state government did not send any relief materials to the people in the affected community
On Chieftaincy title to women in Obuama, Hon Sandra Owunari said the community do not install Chieftaincy title to women, saying that Chieftaincy title is only reserved for men only in the community
CHINEDU WOSU
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