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 Section 84(12): Buhari, Malami Drag NASS To S’Court

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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.”

 

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FG’s Economic Policies Not Working – APC Chieftain

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A senator who represented Taraba Central, Mr Abubakar Yusuf, has declared that the economic policies of President Bola Tinubu are not yielding the expected results.
His comment is one of the strongest internal critiques yet from within the ruling All Progressives Congress (APC).
The comment underscores the growing dissatisfaction within sections of the ruling party over the direction and impact of the administration’s economic reforms amid rising living costs and fiscal pressures across the country.
Mr Yusuf, who served in the Senate between 2015 and 2023 under the platform of the APC, made the remarks during an appearance on national television.
Responding to a question on whether the administration’s economic direction, often referred to as Tinubunomics, was working, Mr Yusuf answered in the contrary.
“For me, it is not working. I am a member of the APC. I would be the last person to hide the facts”, he said.
He said while the government might be operating diligently within its policy structure, the framework itself is ill-suited to Nigeria’s current realities
“Within the policy framework, yes, they are doing their best, but it is not the framework that is suitable for Nigeria at the point in time that President Asiwaju came into power,” he said.
Mr Yusuf criticised the immediate removal of fuel subsidy on the day the president was sworn in, arguing that the decision lacked sufficient consultation and planning.
“I am one of those who say President Asiwaju ought to have waited. Not on the day he was sworn in to say subsidy is gone. On what basis?”, he asked.
He urged broader engagement before major fiscal decisions are taken.
“Sit down with your cabinet, sit down with your ministers, sit down with your advisers,” he said, dismissing the argument that subsidy removal was justified solely on grounds of corruption.
The former lawmaker identified “structural flaws” in the country’s budgeting system, particularly the envelope budgeting model.
“One of the basic problems is that before you budget, you should have a plan. The envelope system we have been operating has been you budget before you plan. That has been a major issue”, he said.
He argued that allocating spending ceilings without aligning them to concrete development strategies inevitably weakens implementation and delivery.
“If you give me an envelope which is contrary to my plan, whether it is plus or minus, there is no way I am going to implement my plan. It is bound to fail,” he said.
Mr Yusuf called for the scrapping of the envelope budgeting system, noting that he had consistently opposed it even during his years in the National Assembly.
“It is not good for us. It is not going to work well for us,” he said.
He further blamed poor capital releases and persistent deficit financing for undermining budget performance over the years.
“We could not meet 60 percent of our capital budget in all these years. No releases. If you make a budget and the release is very poor, there is no way the budget will be executed”, he stated.
According to him, weak fund disbursement mechanisms and reliance on deficit financing have entrenched a cycle of underperformance.
“Our budget ought to have been a surplus budget, but all our budgets have always been deficit financing budgets,” Mr Yusuf added.

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Reps To Meet,’Morrow Over INEC’s 2027 Election Timetable

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The Nigerian House of Representatives has resolved to reconvene for an emergency session tomorrow February 17, 2026, to deliberate on issues arising from the Independent National Electoral Commission’s (INEC) release of the timetable for the 2027 general elections.
The decision was disclosed in a statement issued by the House Spokesman, Rep. Akin Rotimi, who described the electoral body’s announcement as one of “constitutional and national significance.”
INEC had fixed February 20, 2027, for the Presidential and National Assembly elections.
According to the statement, members of the Green Chamber were notified of the emergency sitting through an internal memorandum from the Speaker’s office.
The session is expected to focus on legislative matters connected to the newly released timetable, reflecting the House’s resolve to act promptly on issues affecting the nation’s democratic process.
Rep. Rotimi noted that all related businesses would be treated with urgency and urged lawmakers to prioritise attendance in view of the importance of the deliberations.
INEC had on Friday formally unveiled the comprehensive schedule for the 2027 polls, including timelines for party primaries slated for July to September 2026, as well as the commencement of Continuous Voter Registration in April 2026.
The development comes amid ongoing consultations and proposed amendments to the Electoral Act ahead of the 2027 general elections.

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Group Continues Push For Real Time Election Results Transmission

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As the controversy over the transmission of election results continues across the country, the Defence For Human Rights And Democracy (DHRD), a pro democracy organisation in the country, has criticised the National Assembly for not giving express approval to real time transmission of elections results.
To this end, the group is calling on all civil society organisations in the country to mobilise and push for a better Electoral Reform in the country.
This was contained in a press statement titled, “Defence For Human Rights and Democracy Demands Real Time Election Transmission of Result”, a copy of which was made available to newsmen in Port Harcourt.
The group described the refusal of compulsory real time transmission of result results by the Senate as undemocratic, adding that the situation will give room for election manipulation, rigging and voters apathy.
It said that the provision of mandatory real time transmission of election results would have significant improvement on the nation’s democracy.
According to the statement, “Since the return of democracy in 1999 to date, it is 27 years, so our Democracy has metamorphosed from being nascent and as such significant improvement should have been recorded.
“Defence For Human Rights And Democracy (DHRD), is really disappointed at the National Assembly, especially the upper chamber (Senate) for not approving ‘Real Time Electronic Transmission of Election Result’.
“This undemocratic act of theirs, if not tamed, will give room for election manipulation and rigging’”.
Signed by Comrade Clifford Christopher Solomon on behalf of the organisation, the statement further said, “The Defence For Human Rights and Democracy unequivocally supports real time transmission of election result”, stressing that his group will resist any act by the National Assembly to undermine the nation’s democracy.
“DHRD,unequivocally supports ‘True Democracy’, which is Government of the people, by the people and for the people.
“Therefore, anything that will crash the hope of Nigerians to Freely, Fairly and Transparently elect candidates of their choice in any given election should and will be vehemently resisted because good governance begins with leaders elected through credible process. By so doing, leaders have entered a social contract with the citizens to equitably manage their affairs and abundant resources”, the statement added.
It urged the National Assembly to revisit the issue in order to avoid civil unrest.
According to the DHRD, “To avoid civil unrest,voters apathy, election rigging and manipulation, rather to promote citizens participation, advancing our Democracy and entrenching free, fair, credible and acceptable electoral outcome, the National Assembly should amend the electoral act in a manner that will deepen our democracy and boost citizens confidence.
“On this note, The Defence For Human Rights And Democracy (DHRD), is calling on all other civil society organisations (CSOs) to mobilise, organise and push for a better electoral act amendment by the National Assembly”.

By: John Bibor

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