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.”
Politics
Alleged Coup: Protests Rock N’Assembly As Detained Officers’ Children, Wives Demand Justice
Scores of children and wives of military officers detained over an alleged coup plot yesterday staged a peaceful protest at the National Assembly, demanding a speedy trial and the release of the accused officials.
The protesters who gathered at the entrance of the National Assembly complex, moved in a slow procession while clutching placards with inscriptions such as “Don’t Kill Our Daddies,” “Detention Without Trial is Injustice,” and “Six Months of Torture: Enough Is Enough.”
Amid tears and trembling voices, the children appealed for justice and access to their detained fathers, many of whom they said they had not seen for months.
The appeal was made during a press briefing in Abuja attended by no fewer than 20 wives and several children of the detained officers, including a two-month-old baby.
The families were accompanied by human rights lawyer, Deji Adeyanju and activist Omoyele Sowore.
At the briefing, the families lamented that the officers had been held for over 160 days without trial or contact with their relatives, describing the situation as a violation of their fundamental rights.
Speaking on behalf of the families, Memuna Bashiru said the prolonged detention had thrown their households into uncertainty and emotional distress, noting that while allegations had been widely publicised, families remained in the dark about the fate of their loved ones.
The arrest of the indicted officers was first announced on October 4, 2025, by the then Director of Defense Information, Brigadier General Tukur Gusau, who disclosed that 16 officers were taken into custody for alleged breaches of military regulations and acts of indiscipline.
However, an interim investigation later suggested the existence of a clandestine network of officers, allegedly coordinated by a senior Army officer, which had begun preliminary planning for a coup.
According to the report, the alleged plot involved surveillance of key national assets, including the Presidential Villa, Armed Forces Complex, Niger Barracks in Abuja, and major international airports, with October 25, 2025, cited as the planned date for the operation.
Those reportedly in custody include Brig Gen M. A. Sadiq, Col M. A. Maaji, Lt Col S. Bappah, Lt Col A. A. Hayatu, Lt Col P. Dangnap, Lt Col M. Almakura, Maj A. J. Ibrahim, Maj M. M. Jiddah, Maj M. A. Usman, Maj D. Yusuf, Capt I. Bello, Capt A. A. Yusuf, Lt S. S. Felix, Lt Cdr D. B. Abdullahi, Sqn Ldr S. B. Adamu and Maj I. Dauda.
The alleged plot, according to findings, targeted senior government officials, including President Tinubu and Vice President Kashim Shettima.
In a statement issued yesterday, the party’s National Publicity Secretary, Mr Felix Morka, said the exercise would take place in all wards and designated centres nationwide.
He called on existing members to update their records, while encouraging new entrants to join the party through the digital platform.
“As the electronic membership registration exercise resumes in all wards and designated locations nationwide, we urge existing members to validate their membership while new members are encouraged to register and join the progressive family,” Mr Morka said.
According to him, eligibility for registration is limited to individuals aged 18 and above who possess a valid National Identification Number (NIN).
The party said the initiative is part of efforts to modernise its operations by transitioning to a digital database that would enhance record accuracy and accessibility.
Mr Morka noted that the e-registration would “digitise the party’s membership register, ensure the integrity of records, and enhance efficient access to membership data for planning and management decisions.”
He added that the move is also aimed at promoting internal democracy within the party and strengthening its commitment to democratic innovation.
The APC had previously introduced electronic registration as part of broader reforms to streamline its membership system and improve organisational efficiency.
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