Politics
Section 84 (12): To Be Or Not To Be
In the original version of the Electoral Act, Section 84 (12) comes with a sub-heading titled: “Political Appointee Not Eligible as a Voting Delegate or Aspirant.” Using this as a guide, it becomes crystal clear that the intent of the lawmakers with the introduction of Section 84 (12) was to make it impossible for a political appointee to aspire for elective office whilst still holding on to his political appointment. I honestly cannot see how this piece of legislation amounts to an amendment of the Constitution through the backdoor as some have suggested.
The definition of Section 318 of the Constitution which clarifies those to be regarded as part of the public service of the Federation also made similar provisions for public service of the State. Judicial authorities abound that political appointees hold their offices at the pleasure of the appointor and they are not civil or public servants as provided for in the Constitution. Thus, there is no apparent or implied conflict between Section 84 (12) of the Electoral Act and any of the provisions of the Constitution highlighted above, the rationale being to ensure that those who hold public office are not exposed to any situation that may lead to a conflict of interest.
In the same vein, section 84 (12) does not infringe upon the right to freely assemble and associate with other persons as provided for in Section 40 of the Constitution or the right to form a political party as provided for under Section 221 thereof. The Constitution for instance provides the right to freedom of movement for every citizen, but to travel out of Nigeria, you need a passport, without which you would not be allowed to board the plane. It is in that passport that the travelling visa to your country of destination will be imposed. The Courts have also held that the requirement for a passport as a condition to travel does not infringe upon the constitutional right of movement
In the case of Awolowo v. Ministry of Internal Affairs, a similar concept was elucidated upon by the Supreme Court, when the appellant, in that case, the late Chief Obafemi Awolowo, SAN, was standing trial for treasonable felony. He engaged the service of a British lawyer, Mr. E.F.N. Gratiaen to defend him. On arrival in Lagos, MrGratiaen was denied entry into Nigeria by the Federal Ministry of Internal affairs. The court had to determine the import of Section 21 (5) (c) of the then 1960 Constitution of the Federal Republic of Nigeria (now section 36 (6) (c ) of the 1999 Constitution, which provided that “an accused person is entitled to defend himself in person or by a legal practitioner of his own choice”. Chief Awolowo contended in that case that he was entitled to be represented by any lawyer of his choice whether indigenous or British.
Thus, the order prohibiting his lawyer, Mr Gratiaen, was ultra vires and against his right to a fair hearing. He, therefore, prayed the court to grant an order of injunction, restraining the defendant from preventing the said Mr. Gratiaen (QC) or any other British counsel who might be the counsel of his choice, from entering Nigeria to defend him in the pending charge. On the other hand, the defendants, in that case, argued that the provisions of section 13 of the Immigration Act which provides that “Notwithstanding anything in this ordinance contained, the Governor-General may, in his absolute discretion, prohibit the entry into Nigeria of any person, not being a native of Nigeria”, gives the ministry the power to refuse a non-Nigerian entry into the country. More so, in the exercise of the right conferred by Section 21 (5) (c) of the 1960 Constitution, the legal representative must be a qualified person entitled to a right of audience in Nigerian courts. Secondly, he must be available to take up the case, and therefore must be able to enter Nigeria as of right and must be a Nigerian.
The High Court of the federal territory of Lagos, per Justice Udo Udoma held that based on the above provisions, the legal representative chosen by an accused person if resident outside Nigeria must be a person who could enter Nigeria as of right and must not be anyone under any disability. In the words of the judge: “I must state at once that I do not accept as sound proposition the submission that the provision contained in Section 21 (5) (c ) of the Constitution, liberally interpreted, can be construed to entitle anyone to bring a Counsel from the United Kingdom to defend him in a criminal charge. To accept that interpretation, would be to strain language. The Constitution is a Nigerian Constitution, meant for Nigerians in Nigeria. It only runs in Nigeria. The natural consequence of this is that the legal representative contemplated in Section 21 (5) (c) ought to be someone in Nigeria, and not outside it.” This decision was affirmed by the Supreme Court in the appeal filed against it by Chief Awolowo. In a similar vein, Section 84 (12) has not stopped any citizen from contesting election but it has imposed a condition upon political appointees to first step down from their political position to seek elective office. There is no contradiction at all in this laudable provision with the Constitution.
Most political appointees are paid one form of emolument or allowance or the other by the government, with specific responsibilities to perform. Thus, even apart from the conflict of retaining an executive position and seeking elective office, how does a person occupying a political office abandon his responsibilities for which he is being paid to embark upon campaigns at the expense of the people? What justification can we give for retaining a person on the payroll of the government who already has his eyes on another assignment? Political appointees and persons in public service of the Federation and of the States are two separate and distinct classes of persons. While those in public service have not less than thirty days ahead of their party primaries to resign to contest an election, political appointees must resign before they can become voting delegates or be voted for in their party primaries or congresses. The Constitution stipulates that public office holders resign “at least” thirty days before the elections they are interested in, which presupposes that such public officers could indeed resign earlier than the 30 days, however, the Electoral Act stipulates that political appointees must resign before party primaries/congresses where candidates are to emerge.
The question to ask then is whether the National Assembly has by Section 84 (12) of the Electoral Act negated the constitutional stipulation of “at least 30 days”? Certainly not. The two concepts do not oppose themselves at all. For civil and public servants, the Constitution demands that they resign not less than thirty days prior to any election for which they seek to contest whilst Section 84 (12) simply prohibits political appointees from participating in elections to be conducted at the conventions and congresses of their political parties whilst still retaining their political appointments. In Section 228 (a), the Constitution states that the National Assembly “… may by law provide guidelines and rules to ensure internal democracy within political parties, including making laws for the conduct of the party primaries, party congresses and party convention”. Under and by virtue of Section 4 of the same Constitution, “the National Assembly shall have the power to make laws for the peace, order and good government of the Federation or any part thereof”. What then, if one may ask, could be the ‘offence’ of the National Assembly in fulfilling its mandate as directed by the Constitution?
To my mind, there is really no need for us to split hairs on this simple matter of interpretation of the Constitution and the Electoral Act. Unless as suggested by Mr. Femi Falana, SAN and many others, the executive arm has an axe to grind with the legislature over this very harmless piece of legislation, there can be no basis for the jubilation that has greeted the judgment of the Umuahia Federal High Court by the executive. We must sanitize the electoral space to remove all vestiges of manipulation and land mines. It is not in our best interest for those that we pay to perform certain duties to abscond from their sacred responsibilities in order to actualise their personal ambitions to seek elective office. They owe us the duty of fairness to surrender our mandate granted to them through their appointments should they aspire to contest any election. It is gratifying that the National Assembly and other stakeholders of our electoral system have decided to join the case to explore further interpretation by the appellate courts. That is commendable indeed or else we may soon have in our hands a ridiculous situation whereby the Chairman of INEC or even the Governor of the Central Bank of Nigeria may seek to contest election whilst still holding on to their appointments.
By: Ebun-Olu Adegboruwa
Adegboruwa, a constitutional lawyer, is a Senior Advocate of Nigeria (SAN).
Governor Abba Yusuf of Kano State has approved the release of N15.6 billion for the payment of outstanding severance gratuities, accommodation, and leave allowances owed to over N3,000 former councillors across the State’s 44 local government areas.
The approved payment covers councillors who served during the periods of 2014–2017, 2018–2020, and 2021–2024 under the administration of former Governor Abdullahi Ganduje. The entitlements, which remained unpaid for years, will now be disbursed in three installments between April and June 2025.
In a statement issued by the Special Adviser on Information to the Governor, Ibrahim Adam, the administration described the move as a corrective measure to address the neglect of past leadership and fulfil a promise to ensure fairness to public office holders.
“The approval of N15.6 billion is in fulfilment of Governor Abba K. Yusuf’s commitment to ensuring that all outstanding entitlements owed to our dedicated public servants are fully paid. It is a matter of principle and justice to uphold the dignity of those who have served in elected positions”, Mr Adam said.
He noted that the financial intervention reflects the governor’s broader vision of governance rooted in fairness, accountability, and public trust.
“His Excellency recognises the sacrifices and dedication of these former councillors. This action is part of a larger effort to right the wrongs of the past and restore faith in public administration,” he added.
Local government officials and affected former councillors have welcomed the decision, describing it as long overdue and a step toward healing the financial frustrations of many grassroots leaders.
Governor Yusuf’s administration, elected on a different political platform than his predecessor, continues to draw commendation for its proactive efforts to resolve inherited liabilities and improve the welfare of public servants.
As the payment schedule begins, it is expected that this intervention will offer financial relief to thousands and stimulate local economic activity across the state.
Politics
Gunmen Disrupt Political Rally In Bayelsa ….As Turnah, Others Emerge New Associates’Leaders
Scores of spectators and political faithful were hospitalised after a yet to be identified gunmen invaded a rally organised by a group loyal to the Minister of the Federal Capital Territory (FCT), Chief Nyesom Wike and President Bola Tinubu in Yenagoa, the Bayelsa State capital.
Part of the activities scheduled to hold at the occasion was the inauguration ceremony of the Bayelsa State chapter of the ‘New Associates’, a pro-Wike political forum.
The Tide which monitored the event reports that trouble started just at the preparatory stages of the event, when the unidentified gunmen launched sporadic gunshots from a farm close to the venue of the event, injuring unsuspecting spectators and party faithful across party lines.
However, calm was restored after a swift intervention by men and officers of the Nigeria Police Force and other security formations which enabled the event to go on as planned.
Speaking to newsmen shortly after restoration of calm, factional South-South zonal Secretary of the Peoples Democratic Party (PDP) and Chairman, Caretaker Committee of the State’s chapter of the party, Barrister George Turnah, commended security operatives for their timely response.
He noted that the plan of detractors had been defeated as forces loyal to certain individuals in the State never wanted the rally to hold as scheduled.
Turnah, who doubles as Convener of the ‘New Associates’ in the State, commended President Tinubu and Chief Wike for the appointment and facilitating the same for Ijaws across the Niger Delta region.
He said, but for the love of the duo for the Ijaw people of various extractions, the Presidency would not have given preferential political portfolios in the Federal Government’s Ministries Departments and Agencies (MDAs) to Ijaws even though the ethnic nationality produces bulk of the natural resources for the economic mainstay of the nation.
The PDP chieftain reiterated that the reason for the event which was attended across party lines was to say ‘thank you’ to the two political leaders, stressing that to ‘whom much is given, much was expected’.
“For me, I’m of the larger opposition party, PDP. But I’ve decided to support and work for President Tinubu for what he is doing for the Ijaw nation, Niger Delta region in particular and Nigeria in general.
“President Tinubu has given Bayelsans and other Ijaws across the Niger Delta region several juicy political appointments. He appointed our brother and son, Heineken Lokpobiri as Minister of Petroleum even though former President Muhammadu Buhari had previously appointed a Bayelsan as Petroleum Minister in his government.
“Apart from the Petroleum Minister, Tinubu has also appointed Ijaw sons, Chief Boma Iyaye as Executive- Director, Finance, and Dr Samuel Ogbuku as Managing-Director and CEO of the Niger Delta Development Commission.
“Though former President Buhari had appointed Ogbuku initially in Acting capacity, when President Tinubu came, even after sacking all board members of the Commission, he still kept our brother, the MD and upon the completion of his tenure in Acting capacity, the President again reappointed him as substantive MD/CEO.
“But there’s one man who has made all these appointments for Ijaws possible. He is the FCT Minister, Nyesom Wike. Ijaw people, Bayelsans are we not enjoying these appointments?
“Has the NDDC not lit up the entire Niger Delta region? Are you not feeling the impact of the Ogbuku-led NDDC? So for me and all the members of the New Associates we’ve decided to support President Tinubu for a second tenure so that our state and region can benefit more from his government”, he said.
“We want Governor Douye Diri to tell us his stand on the forthcoming 2027 general election. He should tell us whether he is supporting the President or not. If he’s supporting the President, we’ll work with him. After all, Diri was the first Governor from the South-South zone that benefitted from the President’s magnanimity during the 2023 elections and even in terms of infrastructure projects and appointments of Bayelsans at the Federal level”, Barr Turnah added.
In his remarks, Chairman of the occasion, and leader, Rivers Ijaw Peoples Congress (RIPCO), Senator George Sekibo, lauded President Tinubu and the FCT Minister for their love and friendship with the Ijaw people.
Represented by former Chairman of Akuku-Toru Local Government Area of Rivers State, Dr Roland Sekibo, Senator Sekibo said the ‘New Associates’ political forum was to galvanize support for the President for his 2027 election.
He said while President Tinubu had performed well as Nigeria’s leader, the FCT Minister had continued to show leadership from the federal level after showing the same in Rivers State while serving as governor.
“I like to thank the convener of the ‘New Associates’ political forum in Bayelsa State, Barr. George Turnah (MON) and the Coordinators for standing firm in spite of threats from highly placed political leaders not to hold this event.
“Love is not theoretically, but must be expressed, which explains why they have gathered to celebrate their Excellencies, President Tinubu and Barr. Ezewon Nyesom Wike for the various roles they have played and have continued to play to ensure the appointment of Ijaw sons and daughters to positions of trust and authority at the federal level.
“The ‘New Associates’ is in synergy with President Tinubu and will continue to follow directives from the FCT Minister who has openly declared support for Mr. President”, he said.
Ariwera Ibibo-Howells, Yenagoa
The Publicity Secretary of the Labour Party (LP) in Enugu State, Mr Titus Odo, has defected to the Peoples Democratic Party (PDP).
Mr Odo defected to the PDP on Wednesday alongside the former Commissioner for Chieftancy Affairs in the State, Emeka Mamah, who was the state Coordinator of the Peter Obi Presidential Campaign in the 2023 presidential election.
The duo dumped the PDP during the 2023 general elections for the Labour Party.
Receiving the defectors at the party’s state secretariat, the state PDP Chairman, Martin Chukwunwike, expressed happiness over their decision to return to their former party.
He explained that Governor Peter Mbah gave them the directive to do everything possible to bring back aggrieved party members who left the party.
“We are happy to have them in our midst, and God has set this party on a good footing, as 2027 is already assured,” he said.
The PDP chairman, however, called for unity within the party to package themselves ahead of the 2027 elections.
Speaking during their presentation to the party state chairman, Mr Odo expressed joy for returning to his former party, revealing that Mr Mbah’s massive development in the State informed his decision.
“I am happy to tell you that I am back to my home. I came back because of the giant development strides of Governor Mbah and I say kudos to him.
“The second reason is the defection of my immediate boss, the LP governorship candidate for the 2023 election in Enugu State, Dr Chijioke Edeoga.
“Another reason is that the council chairman in Igboeze North, Mr Uchenna Ogara, is turning the council area into a township,” he said.
Mr Mamah also thanked the PDP leadership in Igboeze North, Enugu North Senatorial zone and the state chapter of the party for receiving him back to the party.
He extolled Mr Mbah for extending hands of fellowship to those who had left the party, saying, “Personally, I am pleased with the performances of our governor.”