Politics

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

Published

4 years ago

May 18, 2022

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

LP Crisis: Ex-NWC Member Dumps Dumps Abure Faction

Published

9 hours ago

March 2, 2026

The Tide

A former National Organising Secretary of the Labour Party (LP), Mr Clement Ojukwu, has expressed regret that the several legal cases brought against the party since the 2023 general elections have impacted the party’s performance.

Mr Ojukwu, who recently returned to the interim National Working Committee led by Senator Esther Nenadi Usman, noted that the party had 34 elected members in the House of Representatives, eight Senators, and 80 members at the state Houses of Assembly after the 2023 general elections.

“Now we lost all of them,” he said. “I don’t think we have as many as five members in the National Assembly.”

The former national officer of the LP talked to journalists in Abuja and said he chose to join the caretaker committee led by Senator Nenadi-Usman because they are now the officially recognized leaders of the Party.

“I chose to work with the caretaker committee to help save the Labour Party, for the benefit of the party. I also want to use this chance to ask my colleagues at the national, state, and local government levels to come together and help rebuild our party.

“Another election is around the corner. We lost everything we have. They have left to other political parties. So I’ll reach out to all my friends in the other group to get together and work on making this party stronger again.

“The caretaker committee has formed a reconciliation committee. Let’s come together and talk so that we can restore the first opposition political party in Nigeria.”

Mr Ojukwu, who was part of the Julius Abure’s group, said there are no more factions in the LP.

He added, “There is a court ruling, and since it is valid, the right people are in the correct positions.”

He urged Barr Abure and others to drop the legal cases they have filed because they are not helping the party.

“Litigations are killing political parties”, he said. “They’ve seen many political parties disappear because of legal battles, and the Labor Party is losing support every day, which makes me feel sad.”

Mr Ojukwu said he did not think joining the Senator Nenadi-Usman’s NWC was a betrayal of the Abure group, describing himself as “the oxygen” of that faction.

“I’m with this group because of the verdict. But I never betrayed anybody. Rather, I was betrayed,” he added.

Politics

2027: NIGERIANS FAULT INEC ON DIGITAL MEMBERSHIP REGISTER DIRECTIVE

Published

9 hours ago

March 2, 2026

The Tide

A number of Nigerians have strongly criticized the Independent National Electoral Commission (INEC) for its directive to all political parties in the country to submit digitalized membership register within 32 days.

It would be recalled that the Independent National Electoral Commission (INEC), following it’s reversed timetable, directed all political parties in the country to submit their digitalized membership registers within 32 days.

Speaking on the reversed timetable in an interview with The Tide in Port Harcourt, respondents said the directive amounted to disqualifying opposition political parties from fielding candidates in all the elections next year.

They said if the directives by the commission is implemented, only the All Progressives Congress (APC) would participate in the elections since it started it’s digital membership registration since February, last year.

Responding, an elder statesman in Rivers State, Chief Sunnie Chukumele, said the revised timetable was okay, but the timeframe for submission of digital membership register was being made at the wrong time.

Chief Chukumele said, for the past two years, all opposition political parties have been battling various issues in court, adding that they did not have the time to embark on membership drive, talk less of digitalizing their membership registers.

“My reaction is that the only issue with this revised timetable is the timeframe given by INEC for parties to submit digitalize memberships register in all the states of the federation, while giving notice of Congresses and convention. That is not possible”, he said.

He said only the ruling APC is likely to meet up with the directive, since it began its registration since last year.

Chief Chukumele, who is also the National Coordinator of Coalition of Rivers State Leaders of Thought (CORSLOT), alleged that the directive of the electoral body may have been targeted to prevent other parties from fielding candidates for the elections next year.

“When you say all the parties should submit digitalized registers of membership in 32 days, how will that be possible to conclude it in 32 days”, he queried.

He noted that “APC used one year ago to do, so APC has one year in the kitty plus 30 days. This is highly regrettable”.

The CORSLOT national leader urged the election umpire to do away with stringent conditions that will make it hard for opposition political parties to field candidates in the elections.

Also speaking, Mr Jacob Enware from Edo State queried the rationale behind the directive, especially when some opposition political parties are still having cases in court.

In his words, ”What opposition political parties are you talking about, is Labour Party not in court or PDP that is yet to resolve their issues?

”For me, INEC should provide a level playing field for all, because aside the APC, no party can meet up this criteria.”

In his own response, Mr Nathaniel Ebere said he was not prepared to vote for anybody whether INEC provides a level playing field or not.

He alleged that his vote would not count, “so I will not waste my time”.

By: John Bibor

Politics

IT’S A LIE, G-5 GOVS DIDN’T WIN ELECTION FOR TINUBU – SOWUNMI

Published

9 hours ago

March 2, 2026

The Tide

A chieftain of the Peoples Democratic Party (PDP) and Convener of The Alternative, Otunba Segun Sowunmi, has expressed reservations about the political stance of Oyo State Governor, Seyi Makinde, while calling for reconciliation among key party figures.

Otunba Sowunmi made the remarks during a television interview on Saturday, when asked about the relationship between Gov. Makinde and the Minister of the Federal Capital Territory (FCT), Chief Nyesom Wike.

He said, “I don’t believe Seyi Makinde. Because I know them all. I’ve been in this party since it was registered. And I’ve been loyal, faithful, diligent with this party from the get-go, and I’ve never left.”

He underscored his longstanding commitment to the PDP, referencing prominent figures who had exited the party at different times: “I’ve had the grace, and the honor, and the dignity of watching even my father, Obasanjo, shed his card. As much as I love him, I didn’t leave the party”.

He added, “I’ve had the privilege of watching my beloved senior brother, Governor Gbenga Daniel, leave the party a few times. As much as I respect his vision and his ideas, I’ve never left. I’ve watched my former principal, Atiku Abubakar, leave a few times. I’ve never left.”

Otunba Sowunmi stressed that his comments were rooted in deep involvement with the party: “So when I talk about PDP, I’m not talking as an outsider, I’m talking as one of their totems, who was actually carrying them.”

He disclosed that he wrote to Makinde during the governor’s last birthday, urging reconciliation among a bloc of five governors who had formed a movement during the 2023 elections.

“At Governor Seyi Makinde’s last birthday, I wrote him a letter where I tried to say, look, you guys, the five of you, succeeded to the extent of creating a movement of your own”, he said.

He added, “And you fought very hard to make a point in the 2023 election. Although I don’t believe you won the election for the president, that’s a lie. They contributed, but I hate when people take the glory of other people’s work.”

Otunba Sowunmi warned that unresolved differences among the group could weaken the party: “You guys, you must go back to your four friends, your five friends, and you guys go and sort it out. Because not sorting it out with your five friends is going to leave the party worse off.”

He added, “But now that you’re fighting, or you’re not agreeing with yourselves, why don’t you go back to that same energy that allowed you to agree, so that you can use that energy inside to agree, and then we can lead the party.”