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
Alia Denies Calling For Ganduje’s Resignation
Governor of Benue State, Hyacinth Alia, has denied calling for the resignation of the National Chairman of the All Progressives Congress (APC), Alhaji Abdullahi Ganduje.
This was contained in a press statement issued on Wednesday in Makurdi by his Chief Press Secretary (CPS), Mr Tersoo Kula.
The Tide source reports that the CPS was reacting to some media reports that the governor had called for the resignation of the APC national chairman.
Kula said the governor at no time called for the resignation of the APC national chairman.
He said the governor enjoyed a good relationship with the Ganduje-led leadership of the APC.
“It is imperative to clarify that at no point did Governor Alia assembled, attended and sent a representative or participated in any meeting to discuss the removal or call for resignation of Alhaji. Abdullahi Umar Ganduje.
“The Benue State governor remains firm in his support and allegiance to the leadership of the National Working Committee of the APC, under the leadership of Alhaji Ganduje.
“Furthermore, at no point, whether publicly or privately, has the governor advocated or expressed any desire for the resignation of the national party chairman”, he said.
He said the governor was focused on positively changing the fortunes of the state.
“He is alive to his responsibilities as the leader of APC in Benue State and is doing everything legitimate to reposition the party for future victories,” Kula said.
Politics
LP Re-Elects Abure As National Chairman
The embattled national chairman of the Labour Party (LP), Mr. Julius Abure, has been re-elected for a second term by a unanimous affirmation of delegates despite the protests by the leadership of the Nigeria Labour Congress (NLC).
The Chairman of the National Convention and Deputy Governor of Abia State, Mr. Ikechukwu Emetu declared him the winner during the party’s national convention that held in Nnewi, Anambra State, on Wednesday.
Other serving officers of the party were also returned unopposed.
Recall that the NLC had called for Abure’s resignation as party chairman and the immediate constitution of a caretaker transition committee to organize an all-inclusive national convention for the party.
Meanwhile, a factional chairman of the Labour Party in Anambra State, Mr Peter Okoye has boasted that the Nnewi national convention will not stand.
Describing the convention as a sham, Okoye said: “This is not a convention. We are on top of the matter. It’s purely illegal.
“There was no ward congress, no local government congress, no state congress, and now who and who are the elected delegates that are electing the National Working Committee, NWC, members?
“The NLC was not there, TUC was not there, the owners of the party and members of the NEC and BOT members were not there too. So, who is holding the convention?”
Politics
Suswam Blames External Forces For Problems In PDP
Former Governor of Benue State, Gabriel Suswam, has said that the Peoples Democratic Party (PDP) is being undermined by external forces which have rendered the party ineffective as a viable opposition.
Senator Suswam stated this during a live television interview on Wednesday.
He lamented that the party had since after the 2023 general elections failed to live up to expectations of Nigerians as a viable opposition.
Senator Suswam, who blamed the current PDP leadership for the ineffective state of the largest opposition party in the country, said unless there is an overhaul of its leadership, the party would “go nowhere” because the current leadership has lost focus.
He said, “I think there are subterranean forces inferring in the party and they are determining what is going on in the party. And the leadership is acquiescing to it.
“Subterranean suggests that people are trying to control the party from the outside. They are controlling the party from the outside and they are keeping the party in a comatose state.”
The Benue senator accused the party of refusing to call a National Executive Committee (NEC) meeting to help resolve some of the issues arising in the party.
He regretted the inability of the party to resolve the fallout of the 2022 presidential primary election which saw a group of five governors work against the party’s presidential candidate in the 2023 presidential election.
He added that the inability of the Iliya Damagum-led leadership to discipline erring party members worsened the situation.
Senator Suswam said it was wrong for the party not to have sanctioned the G-5 governors and their allies who openly declared that they would remain in the party and work against its interest.
“They were not sanctioned which made others become emboldened to act anyway they wanted. PDP has been weakened since then,” he said.
He said no serious organisation does that, stressing that, “A serious organisation would apply sanctions” based on the laid down rules as contained in its constitution.
He further accused the acting national chairman of the party, Ambassador Iliya Damagum, of occupying the position which belongs to the North-Central zone, following the removal of the substantive chairman, Senator Iyorchia Ayu, who hails from the zone.
Amb. Damagum, who was the Deputy National Chairman (North), hails from the North-East zone but was, as permitted by the party’s constitution, made acting chairman after Ayu’s removal by a court order.
The party’s law provides that the deputy chairman from the same region as the chairman takes over in the event of the latter’s removal from office.
Senator Suswam further lamented that “PDP is comatose now, and nothing can happen now,” adding that it was regrettable that politicians are now preferring to hold talks with smaller parties and not the PDP.
Noting that the PDP was at the precipice, Senator Suswam said, “Until we provide that leadership, PDP will not be a viable platform. We need to overhaul the leadership of the party. There is no pretence about it, everybody in PDP knows it. Without discipline and reconciliation, the party goes nowhere.”
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