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
Cleric Tasks APC On Internal Stability, Warns Otti
He predicted that before the next election cycle, Abia’s political landscape would witness broken alliances, surprising mergers, and new contenders emerging from within established networks.
Prophet Arogun concluded with a broader appeal to Nigeria’s political leaders, emphasizing the need for justice, peace, and integrity in public governance.
“Nigeria is the assignment. Only righteousness will stabilize this nation. Only fairness will preserve the mandate. Let those who have ears hear”, he said softly.
Politics
DEFECTION: DON’T HIDE UNDER OLD SENTIMENTS TO FIGHT DIRI – AIDE
Politics
Makarfi Resigns As PDP BoT Secretary
Senator Makarfi’s resignation comes on the heels of the national convention that saw the emergence of the new Chairman of PDP, Dr Kabiru Tanimu Turaki (SAN).
In his letter of resignation, which was addressed to the PDP BoT Chairman, Senator Adolphus Wabara, and made available to journalists in Kaduna on Monday evening, the former governor said, “Chairman and Members of the Board of Trustees may recall that about two months ago I had resigned as Secretary of the Board and posted same on the Board’s WhatsApp platform.
“Mr Chairman, you may also recall that you personally urged me to stay on until after a convention that produced a Chairman.”
He added that the principal reason he initially tendered his resignation then “and now, was and is still my belief that the National Chairman of the Party and Secretary of the Board of Trustees should not come from the same geopolitical zone.
“Now that a chairman has emerged from the North West, where I come from, it’s necessary to give him full space to do the needful. Accordingly, I hereby formally resign as Secretary of the Board of Trustees of the Peoples Democratic Party with effect from today, November 17th, 2025.”
While commending the BoT Chairman for his support during his tenure as Secretary of the Board, he stressed, “I truly appreciate the very respectful relationship between us during my period as Secretary,” adding that, “I also appreciate all Board members for their support and the good relationship that prevailed during my period as Secretary.”
Meanwhile, Dr Turaki on Monday pledged to ensure that power returns to the Nigerian people, urging the judiciary to uphold the tenets of democracy.
Dr Turaki, while giving his acceptance speech after the swearing-in of new officers at the end of the Elective Convention of the PDP in Ibadan, assured that there will be “no more impunity, no more suppression of the will of Nigerians”.
The chairman appealed to the judiciary to uphold the principles of stare decision, abiding by the decisions of the Supreme Court, and not to “willingly or unwillingly put yourselves in a situation where, rightly or wrongly, it may be assumed, correctly or incorrectly, that you are part and parcel of the process to truncate Nigerian democracy.”
According to him, the new leadership of the party would be open to listening to the yearnings of members, with a view to aligning with their will, declaring that “No more monkey dey work, baboon dey chop,” adding that “if baboon wants to chop, baboon must be seated to work.”
He noted that the PDP has maintained its original name, motto and logo, unlike the other parties that started with it, making it a recognised brand anywhere in Nigeria.
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