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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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Reps Constitution Review Committee Holds Zonal Hearing For Rivers, C’River, Akwa Ibom In Calabar

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In a renewed effort to deepen Nigeria’s constitutional democracy, the House of Representatives Committee on the Review of the 1999 Constitution has announced the commencement of its Zonal and National Public Hearings across the country.

A press statement issued by the Chief Press Secretary to the Cross River State Governor, Mr Linus Obogo, disclosed that the Calabar Centre — designated as Centre B — will host representatives and stakeholders from Cross River, Rivers, and Akwa Ibom States.

The public hearing is scheduled to take place on Saturday, July 19, 2025, at 10:00 a.m. at the Transcorp (Metropolitan) Hotel, Calabar.

The initiative, according to the statement, is designed to promote inclusive dialogue and capture the aspirations of Nigerians from all regions.

It aims to serve as a platform for citizens to contribute meaningfully to the ongoing national efforts to refine and strengthen the country’s legal and institutional frameworks.

“Citizens, civil society groups, professional bodies, traditional rulers, and other interest blocs are invited to participate in this landmark engagement aimed at advancing a more just, equitable, and responsive Nigerian Constitution,” the statement read.

The hearing forms part of the broader review process of the 1999 Constitution (as amended), and is seen as a strategic move toward fostering national unity and addressing structural legal issues within the federation.

 

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Tinubu’s Contribution To Buhari’s Presidency Marginal – Ex-SGF

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Former Secretary to the Government of the Federation (SGF), Mr Boss Mustapha, has stirred fresh political controversy by dismissing claims that President Bola Tinubu was highly instrumental to former President Muhammadu Buhari’s emergence in 2015 after the merger of political parties that formed the All Progressives Congress (APC).

For the first time since 2022, when then-presidential aspirant Alhaji Bola Tinubu declared he made former President Buhari Nigeria’s President in 2015, Mr Mustapha dismissed the claims, stressing that the merger only contributed about three million votes in addition to Buhari’s existing 12 million votes in the North.

He insisted that former President Buhari’s integrity, national stature, and disciplined messaging were central to the breakthrough, not the three million votes from the merging parties, which he described as insignificant.

Speaking on the role of the merging parties, particularly President Tinubu, the leader of the Action Congress of Nigeria (ACN), Mr Mustapha, who was the keynote speaker at the launch of the book ‘According to the President: Lessons from a Presidential Spokesman’s Experience’ authored by Mallam Garba Shehu, described the impact of the votes from other merging parties as very insignificant.

In attendance were former Head of State Yakubu Gowon, chair of the event; immediate past Vice President Yemi Osinbajo; SGF George Akume, who represented President Tinubu; PDP’s 2023 presidential candidate Atiku Abubakar; former Chief of Staff to Buhari Ibrahim Gambari; elder statesman Babagana Kingibe; former governors Nasir El-Rufai (Kaduna), Kayode Fayemi (Ekiti), Chris Ngige (Anambra), Rauf Aregbesola (Osun), Raji Babatunde Fashola (Lagos); former ministers Solomon Dalung and Sunday Dare; former Army Chief Tukur Buratai, and Bayo Onanuga, President Tinubu’s spokesman, among others.

According to Mr Mustapha, “I do not intend to stir up any controversy. The merger in 2013 was midwifed to create a Buhari presidency. Let us look at the statistics. In the 2003 election, it was the Obasanjo-Buhari presidential contest where Buhari recorded 12.7 million votes. In 2007, it came to 6.6 million, and it went back to 12.2 million in 2011.

“When we were conceptualising the merger, what would give us a headstart? Obviously, it was at the back of our consciousness that the merger with the Congress for Progressive Change (CPC), though it had only one state, the ACN had six states, ANPP three states, and when you sum up the total votes that we had as the presidency in 2015, the aggregate of the total votes was 15.4 million.

“So, basically, what we brought to the table after the merger outside the Buhari 12.5 million votes was three million. Before turning to that presidency, it is important to recognise the former President’s role in reshaping Nigeria’s political trajectory.

“In early 2013, as the leader of the CPC, Buhari formally requested and supported the creation of a CPC merger committee, part of a broader coalition-building process that brought together the ACN, ANPP, APGA faction, and elements of the ruling party through the breakaway ‘new PDP’ group. His endorsement and participation, along with other party leaders such as President Tinubu and Senator Ali Modu Sheriff, lent credibility and direction to the merger, helping to unify disparate party factions under the banner of the APC. That coalition-building paved the way for the first democratic defeat of an incumbent ruling party in Nigeria’s history.

“President Buhari’s integrity, national stature, and disciplined messaging were central to that breakthrough. No account of President Buhari’s tenure would be complete without acknowledging the extended periods he spent on medical leave. These moments, while politically delicate, were also telling of his leadership philosophy and personality,” he said.

In his remarks, President Tinubu promised to build on the legacies of former President Buhari, stressing that “nation-building is a relay. The efforts of one administration lay the foundation for the next.

“In this regard, I acknowledge the efforts of my predecessor, President Buhari, and assure all Nigerians that the reform-oriented path he initiated will be consolidated and strengthened under this administration. Our Renewed Hope Agenda is inspired by the desire to build a resilient, just, and inclusive Nigeria—a nation that delivers dividends of democracy to all its citizens”.

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Your Lies Chasing Investors From Nigeria, Omokri Slams Obi

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Former Presidential aide, Mr Reno Omokri, has accused Labour Party’s 2023 presidential candidate, Mr Peter Obi, of spreading false information about Nigeria’s debt profile, claiming it is deterring foreign investors from the country.

Speaking during an appearance on live television on Wednesday, Mr Omokri alleged that Mr Obi’s statements were misleading and damaging to the country’s economic prospects.

Mr Omokri said some investors currently operating in Nigeria were considering exiting the market due to Mr Obi’s remarks.

“That is not true. He doesn’t rile me up. I rile him up. The reason why I came here is because I’m a patriot. Peter Obi lied. You know, foreign direct investors are watching your programme, who are making investment decisions not to come to Nigeria. There are foreign investors in Nigeria that are making investment decisions to leave Nigeria because of the lie he told.

“One of the lies he told is that President Tinubu has borrowed more than the administrations of Yar’Adua, Jonathan, Buhari. That is a blatant lie”, Mr Omokri said.

To buttress his claims, Mr Omokri referenced figures from the Debt Management Office (DMO), maintaining that President Tinubu had actually reduced Nigeria’s external debt burden since assuming office.

“I have here with me data from the Debt Management Office, and Nigerians who are watching can go to DMO.com and search Debt Management Office, Nigeria State of Indebtedness 2015.

“As of 2015, Nigeria was owing a total of $63 billion. When Buhari was leaving office, Nigeria was owing $113 billion. Today, from the DMO, our debt has gone from $113 billion to $97 billion, meaning that Tinubu has reduced our debt by over $14 billion.

“We should be appreciating this man. Yet Peter Obi came here and lied to the Nigerian people. He took the debts and translated them into naira to make it look like the debts have increased”, he said.

 

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