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
2024 Budget: Funds Were Shared Among Senators -Abaribe
The lawmaker representing Abia South Senatorial District in the National Assembly, Senator Enyinnaya Abaribe, has explained how the Zonal Intervention Project funds were shared among senators.
Recall that the senator representing Cross River North, Agom Jarigbe on Tuesday revealed that ranking senators got N500 million each while he got nothing.
Senator Jarigbe made the revelation on the floor of the Senate while speaking on allegations of budget padding raised by the lawmaker representing Bauchi Central, Senator Abdul Ningi.
The lawmakers who have spent at least four years in the Senate are regarded as ranking senators.
Speaking on the development on a live television interview on Wednesday, Senator Abaribe denied receiving N500 million as alleged by Senator Jarigbe.
Senator Abaribe said he got N266 million from the money allocated to lawmakers in the six geo-political zones.
According to him, lawmakers from some zones, like the Northwest, which has seven states, would expect to get less than what he got, as his Southeast zone has only five states.
He said, “I have been saying that all fingers are not equal and by privilege of office, certain people will get but not every Senator gets an equal amount.
“These are six zones in the country, and every zone gets its own N10 billion in intervention. Now, if you are from the Northwest zone, because you have seven states, the senator will get less than me who comes from the five-state zone.
“My state, Abia, gets N2 billion and if we break it down for both the Senate and the representatives, the Senate is getting 40% and the House gets 60%.
“I got about N266 million as zonal intervention. The person in the Northwest who has seven states, will necessarily get less, about a hundred million and something.
“So it’s not correct when we say every constituency must get an equal amount.”
Politics
Dump PDP, Enhance Your Value, APC Woos Gov Mutfwang
Governor Caleb Mutfwang of Plateau State has been advised to defect from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC) so that his good works and value can appreciate more.
The call was made on Wednesday by the North Central APC Forum in Jos, the Plateau State capital, during the forum’s first quarter of the year meeting.
Speaking at the meeting, the APC Forum Chairman, Saleh Zazzaga, said they were meeting to review the state of the party in the region as well as the region’s economic and security situation, adding that the position of the Plateau State Governor was vital in the overall development of the region.
Zazzaga, who was also a member of the APC Presidential Campaign Council in the last election, commended Governor Mutfwang for carrying the citizenry along in his developmental efforts, noting that his approach to boost peace and security of the state as well as his calm personality was impressive.
However, he said for the governor to attain a robust and exhaustive achievement of his agenda, policies and the development of Plateau State, he should defect to the APC.
He said the governor’s defection would not amount to relegating his former party to the background, but would rather strengthen him more to develop Plateau State.
According to the Chairman, the FCT Minister, Chief Nyesom Wike, is a good example of someone who seeks development for his people and the nation at large, using any vital and handy platform or party to advance his cause.
“Governor Caleb Mutfwang has so far shown that he is a progressive governor through his works, words and deeds since assuming office. But for him to advance more, he should consider joining the APC.
“This is because joining the APC will put him on the same page with President Ahmed Bola Tinubu who has the interest of Plateau in his heart and has been doing his best to advance it.
“Besides, Governor Mutfwang will be on the same page with his other counterparts in the North Central who are of the APC, and together they will have a common ground and work for the interest and development of the region in general and their specific states in particular.
“Also, most of the legislators from the state are in APC, and they can work hand-in-hand to move the state forward, because the relationship between the executive and the legislature cannot be overemphasized in the pursuance of progress and development.
Politics
Step Aside Over Alleged Budget Padding, PDP Urges Akpabio
The Peoples DemocraticParty (PDP) on Wednesday demanded that the Senate President, Senator Godswill Akpabio, immediately steps aside and allow for an independent investigation into the allegation that a staggering N3.7 trillion was discreetly inserted into the 2024 budget for alleged non-existent projects.
In a statement released by Debo Ologunagba, National Publicity Secretary, the main opposition party also demanded that Akpabio immediately report to the Economic and Financial Crimes Commission (EFCC) over the pending case relating to N108 billion belonging to the people of Akwa Ibom State, allegedly looted under his watch as the governor.
The party similarly told the Senate President to speak out on the reported N86 billion contract scam that allegedly occurred in the Niger Delta Development Commission (NDDC) during his tenure as the Minister of Niger Delta Affairs.
The PDP condemned the suspension of Senator Abdul Ningi by the All Progressives Congress (APC) leadership in the Senate “without a detailed inquest into the issue of budget padding which he raised.”
Recall that Ningi blew the whistle on the alleged unexplained N3.7 trillion inserted into the budget, leading to his suspension from the chamber for allegedly disparaging the legislature.
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