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.”
The Rivers contest is expected to draw heightened attention in the oil-rich state, as political actors position for influence in a district long regarded as strategic to the balance of power in Rivers State.
INEC disclosed that the by-elections will hold concurrently with the Ekiti State governorship election, underscoring what promises to be a politically charged day across several parts of the country.
Beyond Rivers, the electoral body listed other affected constituencies to include Nasarawa North Senatorial District, Dawakin Kudu/Warawa Federal Constituency in Kano State, Ondo South Senatorial District, and Enugu North Senatorial District.
The vacancies, according to INEC, arose from a combination of deaths, resignation, and other constitutional developments. In Nasarawa, the demise of Senator Godiya Akwashika has left a gap in a district considered a stronghold of the All Progressives Congress (APC). In Enugu, the passing of Senator Okey Ezea has set the stage for a competitive race in the South-East.
Similarly, the Ondo South seat became vacant following the resignation of Senator Jimoh Ibrahim, who now serves as Nigeria’s Permanent Representative to the United Nations, while the Dawakin Kudu/Warawa seat in Kano opened up after the death of Hon. Muhammad Danjuma Hassan.
Analysts say the Rivers South-East by-election, in particular, could reshape political alignments in the state, as parties jostle to fill the void left by Sen. Mpigi and consolidate their foothold ahead of future electoral contests.
Stakeholder from Bayelsa East Senatorial District, on Monday, endorsed the incumbent Senator representing them to run for a second term.
Leading the stakeholders, the former Commissioner for Culture and Tourism and Special Adviser to Governor Douye Diri on Political Affairs (iii), Dr Iti Orugbani, said the reason for the endorsement was based on the federal lawmaker’s trajectory of good deeds and massive execution of projects across communities of the Senatorial district.
Dr Orugbani highlighted some of the projects to include landing jetties, telecommunication masts and town halls amongst others, noting that Sen. Agadaga’s performance has exceeded those of others who hitherto represented the oil rich area.
Bayelsa East Senatorial District comprises Ogbia, Brass and Nembe Local Government Areas of the State.
The Governor’s aide who called on the State’s Eastern political enclave to respect the 2022 new zoning agreement, which guaranteed second term for Senators from the District, stressed the need for political tolerance and peace in the forthcoming 2027 polls.
“In 2022 the leaders and stakeholders across party lines from Bayelsa East held a meeting and altered the old single term for Senators from the district’s agreement and signed that begining from 2023 any Senator emerging from the district must serve for a minimum of two terms.
“In 2023, Senator Biobarakuma Degi-Eremienyo, then an incumbent Senator representing the Senatorial district under the platform of the All Progressives Congress (APC) was given a second term ticket by the party. Though he lost to the PDP.
“Now that the entire state is now APC and the District has an APC Senator in the person of Benson Agadaga from Ogbia LGA, why not also give him a second tenure?
“The stakeholders in 2022 changed the old political agreement because they saw that it wasn’t beneficial to the district any longer. And so, because it was Ogbia Local Government Area that started the old zoning arrangement by producing the first Senator in 1999, I want to plead that let Ogbia also begin the new two terms zoning agreement”, he said.
Also speaking, the duo of woman leader of a support group, ‘Agadema Women’, Mrs. Owadaba Jokori and the Information Officer of the Ijaw Youths Council (IYC), Central Zone, Comrade Ikio, stated that the incumbent Senator has done well for the district in the past three years that he has been in office.
They lauded the federal lawmaker for his infrastructure projects, especially the construction of landing jetties in select communities of the three local government areas of the district, commending stakeholders for supporting the lawmaker in his second term bid.
In his remarks, Senator Agadaga thanked the stakeholders for the confidence reposed in him and the endorsements he has received lately from constituents and admirers across political parties.
The lawmaker noted that within the past three years that he has been Senator, he has delivered dividends of democracy to his constituents across the Senatorial District, emphasizing that the call for him to be senator from the Brass Senatorial District came to him as a surprise, noting that he accepted the clarion call when the clamour became so loud.
“I was Chief of Staff to the State Governor, Senator Douye Diri, when various groups from the zone came calling on me to contest the 2023 Senatorial polls.
“Ever since winning the elections as a senator, I’ve continued to deliver on my mandate in both representation, lawmaking, oversight, project execution and support for constituents when called upon. And I shall continue to do more if elected for a second term”, the Senator said.
By Ariwera Ibibo-Howells, Yenagoa
Justice Peter Lifu of the Federal High Court in Abuja has set May 15 as deadline for definite hearing in a suit filed by a lawyer, Johnmary Jideobi, seeking to stop former President Goodluck Jonathan from contesting the 2027 presidential election.
The judge on Monday shifted the hearing date following the absence of the plaintiff, Mr Jideobi, and his lawyer in court without any information.
Apart from the absence of the plaintiff, who is a legal practitioner, the Independent National Electoral Commission (INEC) and the Attorney General of the Federation (AGF) and Minister of Justice, who are 2nd and 3rd defendants in the matter, were also not in court.
Following the absence of the plaintiff and the two defendants, Chris Uche, SAN, representing Dr Jonathan, applied to the court to strike out the suit for lack of diligent prosecution.
Having joined issues with each other, Mr Uche said, the suit is liable for dismissal with a N5 million cost to be awarded against the plaintiff and payable to Dr Jonathan.
He argued that from all indications, the plaintiff has abandoned the suit and ran away upon sighting the preliminary objections raised against the suit, adding that the court is a busy place and not for unserious matters.
Justice Lifu, however, noted that there was no evidence of service of hearing notice on INEC and AGF to appear in court for the suit, adding that lack of service of hearing notice is fundamental.
The judge said rather than striking out the suit, he prefers to bend backward to accommodate the plaintiff and the two defendants for the last time.
While adjourning the matter to May 15, Justice Lifu ordered that hearing notice be served on the plaintiff and the 2nd and 3rd defendants who were not in court on Monday.
The plaintiff, Mr Jideobi, had filed the case seeking an order to restrain Dr Jonathan from presenting himself to any political party as an aspirant for the 2027 election.
He is also asking the court to stop INEC from accepting, processing or publishing Dr Jonathan’s name as a presidential candidate.
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