Politics
Section 84(12): Buhari, Malami Drag NASS To S’Court
The last of the controversial Section 84(12) of the Electoral Amendment Act 2022 has not been heard as it emerged that President Muhammadu Buhari and the Attorney-General of the Federation (AGF) and Minister of Justice, Abubakar Malami, have filed a suit at the Supreme Court, seeking an interpretation of the contentious clause.
In the suit filed on April 29, Messrs Buhari and Malami, who are the plaintiffs, listed the National Assembly as the sole defendant.
Section 84(12) has been a subject of intense litigation and political debate in Nigeria since President Buhari signed the amended Electoral Act 2022 into law in February this year.
Shortly after signing it into law, President Buhari had urged the parliament to delete the controversial clause, but the National Assembly declined the President’s request.
The Court of Appeal in Abuja, last week, set aside the Federal High Court judgment that deleted the clause from the Act, while also agreeing with the lower court that the new provision is unconstitutional.
On the basis of the Appeal Court ruling, President Buhari had directed political appointees, who declared intentions to vie for elective positions, to resign.
The President’s directive forced the Minister of Labour and Employment, Dr Chris Ngige, to shelve his presidential aspiration, but Ministers of Niger Delta, Godswill Akpabio; Science and Technology, Ogbonnaya Onu and Minister of State for Education, Chukwuemeka Nwajiuba, resigned from office.
In the suit marked SC/CV/504/2022 and filed on April 29, Messrs Buhari and Malami are seeking an order of the apex court to strike out the section of the Electoral Act, which they argue was inconsistent with the nation’s Constitution.
According to the court document, the plaintiffs contend that the Section 84 (12) of the Electoral (Amendment) Act, 2022 is inconsistent with the provisions of Sections 42, 65, 66, 106, 107, 131, 137, 147, 151, 177, 182, 192 and 196 of the Constitution of Federal Republic of Nigeria, 1999, (as amended), as well Article 2 of the African Charter on Human and People and Peoples Rights.
The plaintiffs also contended that the Constitution already provides qualification and disqualification for the offices of the President and Vice President, Governor and Deputy Governor, Senate and House of Representatives, House of Assembly, Ministers, Commissioners and Special Advisers.
They urged the Supreme Court to make: “A declaration that the joint and or combined reading of section 65, 66, 106, 107, 131, 137, 147, 151, 177, 182, 192 and 196 of the constitution of the Federal Republic of Nigeria, 1999, (as amended), the provision of Section 84 (12) of the Electoral Act, 2022, which also ignores Section 84(3) of the same Act, is an additional qualifying and/or disqualifying factors for the National Assembly, House of Assembly, Gubernatorial and Presidential elections as enshrined in the said constitution, hence unconstitutional, unlawful, null and void.”
In the same vein, the National Assembly has asked the Supreme Court to strike out the suit instituted by President Buhari. The National Assembly, in its counter-affidavit, filed by its lawyer, Kayode Ajulo, said the Supreme Court cannot be invoked to amend the provision of any law validity made by lawmakers in the exercise of their legislative powers as granted by the Constitution.
They argued that the 1999 Constitution as amended gave the National Assembly the power to make laws for good governance in Nigeria.
“We submit that the first plaintiff having on Friday, February 25, 2022, signed the Electoral Bill, 2022 into law in accordance with the Constitution, cannot approbate at the same time by making a U-turn by using the machinery of this Court as enshrined in Section 232 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and the Supreme Court (Additional Jurisdiction) Act of 2002 to partly undo that which by the provision of Section 58 of the Constitution of the Federal Republic of Nigeria 1999 (As Amended) has been done.
“By assenting to the passage of the Electoral Bill, 2022 into law, the first plaintiff has conclusively discharged his duty under the Constitution and there is no basis to attempting to undo that which he has done by virtue of his powers under Section 58 of the Constitution of the Federal Republic of Nigeria 1999 (as amended).
“My Lords, we must commend the audacious attempt by the plaintiffs to build a castle in the air. However, we must be guided by our knowledge of the law of physics and the dynamics of our mortal world in calling the plaintiffs to order so as to prevent the impending waste of state resources by embarking on what should be ordinarily be found within the infantile imagination of a six-year-old who is still exploring the infant probabilities of overindulgence in Marvel comics.”
The event, jointly organised by LP and ADC to publicly acknowledge the movement of party members, was first scheduled to hold at the LP secretariat in Idimu.
However, chaos erupted when more than 100 suspected thugs reportedly stormed the premises, forcing party members and officials to flee.
Eyewitnesses said the attackers, some armed with knives, canes and other dangerous objects, assaulted individuals they encountered during the invasion.
The assailants were also heard chanting hostile slogans, declaring that LP and ADC were not welcome in Lagos State.
Several party members sustained injuries in the process, while party property, including furniture and flags, were vandalised.
Despite the disruption, officials of both parties quickly relocated the programme to an alternative venue, the Eco Centre Event Hall in Egbeda, in a bid to continue the ceremony.
Speaking on the incident, the LP Chairman in Alimosho, Mr Olanrewaju Olushola, popularly known as Heritage, condemned the attack, describing it as unprovoked and alarming, especially with the 2027 general elections approaching.
“What is most painful is that most of my members sustained varying degrees of wounds. This is in spite of the hoodlums going into our party secretariat in Alimosho and destroying our furniture and flags,” he said.
Mr Olushola clarified that the defection itself had already taken place, stressing that Saturday’s gathering was merely a symbolic ceremony to inform the public of their decision.
According to him, nearly all LP members in Alimosho, including the party’s leadership structure, had collectively agreed to move to the ADC.
Also speaking, the party’s Secretary in Alimosho, Mr Moses Akujuobi, explained that plans for an open defection ceremony had earlier been halted by the police, who cited the absence of formal approval.
He said the organisers had reached out to the Area M Commander, ACP Abaniwonda, who reportedly informed them that only the Commissioner of Police could authorise political events in the state.
“Incidentally, we could not reach the CP, but we informed the DSS, after which we went ahead since it wasn’t a rally but a quiet ceremony,” Mr Akujuobi said.
He added that the situation became more tense upon arrival at the initial venue.
“When we got to the venue this morning, we were shocked to see police vans with heavily armed policemen. They informed us that we cannot hold the event and referred us to the police commissioner.
“While we were at it, the hoodlums besieged the place and began to beat people, leading to our deserting the venue,” he explained.
Mr Akujuobi said party officials subsequently contacted members by phone to proceed to the second venue in Egbeda, where the programme resumed briefly.
“We, however, began to contact our members through phones to move to the second venue, which is the Eco Event Centre, and everyone witnessed what took place here.
“The hoodlums got wind of our second venue and equally attacked us, beating up our members again,” he added.
He noted that the decision to defect to the ADC was driven by internal leadership challenges within the Labour Party and protracted legal disputes affecting the party.
Shortly after the hoodlums vacated the second venue, several police vans carrying armed officers reportedly arrived at the location.
The Pentecostal Fellowship of Nigeria (PFN) has strongly rejected calls by the Supreme Council for Shari’ah in Nigeria seeking the removal of the Chairman of the Independent National Electoral Commission (INEC), Prof. Joash Amupitan, over comments he allegedly made on genocide.
The Fellowship described the demand as unjustified and a threat to constitutional freedoms.
In a statement signed by its National Secretary, Bishop David Bakare, the PFN insisted that Prof Amupitan, like every Nigerian, has the constitutional right to express his views on matters of national concern, irrespective of the public office he occupies.
According to the PFN, the comments attributed to the INEC Chairman were made in his personal capacity and had no link whatsoever with his official responsibilities or electoral duties.
The Fellowship stressed that elections and electoral activities were not involved in the matter, arguing that there was no basis to connect the alleged comments to Prof Amupitan’s role as INEC Chairman.
“We strongly oppose such calls because Prof. Amupitan, as a Nigerian, has the right to make comments on what he observes to be happening in the nation, regardless of his appointment or assignment,” the statement read.
The PFN said it condemned “in every ramification” the suggestion that the INEC Chairman should be removed from office on the basis of his personal views, warning against attempts to punish public officials for expressing opinions outside the scope of their official duties.
The Tide source reports that the Fellowship also cautioned against what it described as a growing tendency to interpret national issues through religious lenses, noting that such an approach only deepens divisions and undermines peaceful coexistence.
“We must resist the temptation of profiling or judging people based on their religious beliefs or positions. Prof. Amupitan has a right to bear his mind, and this should not be at the cost of his job,” the PFN added.
The PFN called on all stakeholders to exercise restraint, understanding and mutual respect in national discourse, particularly on sensitive issues.
It emphasised that unity and peace must remain paramount in addressing national challenges.
The Fellowship reaffirmed its commitment to fairness, justice and mutual respect, urging that these values guide public engagement and responses to issues affecting the country.
In A Statement Issued On Saturday, Mr Obiorah Ifoh, The Factional Spokesperson, Described The Decision Of The Electoral Body As Strange.
Mr Ifoh Also Said The Sacked Factional Leadership Of The Party Will Protest The Action Of INEC.
Stating That Judgment Of The Court And The Decision Of INEC Will Not Stop Its Members From Putting Up A Strong Appearance In The Forthcoming 2027 General Election, Mr Ifoh Noted Legal Redress Would Be Sought By LP.
He Said, “Some Persons Who Are Applauding The Impunity By Some Politicians Should Retrace And Do Some Introspection, Because This Was How In The Past They Applauded Injustice In Our Democracy Because They Were Beneficiaries.
“At The End Of The Day, When Their Enthroned Leaders Began To Abuse Power, They Started Complaining.
“For Us In Labour Party, Our Faith Is Strong That The Appellate Court Will Do The Right Thing And Therefore We Advise Our Members To Remain Calm. We Will Continue With The Struggle To Take Our Party From The Godfather,” Mr Ifoh Said.
He Also Stated That The Labour Party Is A Party Formed On The Basis Of Social Democracy Where No One Man Is Permitted To Appoint Everybody.
According To Him, It Is Against The Party’s Principles For “One Man To Sit At A Place And Gather Everybody And Appoint Everybody From The National Working Committee To The State.
“That Is Impunity Of The Highest Order. This, I Believe, Negates The Principles Of The Party.
“If We Say There Is No Party Ideology In Nigeria, This Is How It Starts. We Are Very Sure That It Will Be Quashed On Appeal,” He Added.
Mr Ifoh Also Described The Celebration And Excitement Showcased By Senator Nenadi Usman And The Abia State Governor, Dr Alex Otti As Temporary.
He Said Dr Otti, Senator Usman And Their Cohorts’ Names Which Were Already Listed On INEC’s Portal Will Be Short-Lived.
“It Is For A Short Time. Their Victory Is Pyrrhic And There Is Nothing To Celebrate Because Doomsday Is Closer Than They Will Imagine; Which I Believe Will Be Very Catastrophic For Them.
“Moreover, It Is Very Clear That The Appointment Of The Caretaker Committee Did Not Go Through The Normal Procedure. Proper Notice Was Not Given In Line With The Party Constitution And The Electoral Act,” He Said.
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