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Electoral Act: I Didn’t Order Senate To Remove Section 84 (12), Buhari Tells Court

President Muhammadu Buhari, yesterday, told a Federal High Court in Abuja that he did not order the Senate to remove the contentious Section 84 (12) from the amended Electoral Act 2022.
Contrary to the claims of the Peoples Democratic Party (PDP) in a suit instituted against him and 12 others on the Electoral Act, Buhari said that he only expressed reservations and concerns in respect of the aspect of the Electoral Act.
The president’s position was contained in a counter affidavit filed at the Federal High Court at the instance of the Attorney General of the Federation AGF and Minister of Justice, Abubakar Malami.
In the joint counter affidavit by Buhari and Malami to debunk PDP’S claims in the suit, the AGF explained that Buhari on February 25, 2022 gave proper, full and unconditional assent to the amended Electoral Act.
The counter affidavit by the President and Malami was filed on their authority by a Senior Advocate of Nigeria, SAN, Oladipupo Okpeseyi and deposed to by Abimbola Akintola, a legal practitioner.
Buhari and Malami averred that the claims of PDP in its suit against them on the Electoral Act are totally false and replete with gross untruths aimed at misleading the court to give judgement against them.
The counter affidavit read in part, “The assent of the 1st defendant (Buhari) to the Electoral Bill given on February 25, 2022 was proper, full and unconditional.
“The 1st defendant (Buhari) assented to the Electoral Bill 2022 on February 25 but did not give conditions or directives to the National Assembly in the manner erroneously deposed to by the plaintiff (PDP).
“At no time did the 1st defendant (Buhari) give any directive to the management or leadership of the National Assembly as regards the removal of Section 84 (12) of the Electoral Act 2022; from the Act.
“Prior to assenting to the Electoral Bill 2022, the 1st defendant (Buhari) merely expressed his observations and concerns about the constraints of Section 84 (12) of the Bill on serving public office holders and political appointees but gave his assent to avoid further delay as time was of essence.
“That the 1st defendant (Buhari) merely expressed his views not only to the National Assembly but to the entire nation as regards the inconsistency of Section 84 (12) of the Electoral Act with other provisions of the Constitution.
“On March 8, 2022, 1st defendant (Buhari) officially wrote the Senate President and House of Representatives Speaker to express his concerns about Section 84 (12) of the Electoral Act and formally requested for amendment to be effected on the section so as to eliminate areas of infarction with the Constitution.
“I’m aware that the National Assembly neither accepted nor acted on the opinion or suggestion of Buhari.
“In this instance, 1st and 2nd defendant, (Buhari and Malami) truly and firmly believe that Section 84 (12) of the Electoral Act disenfranchises and discriminates against Nigerians in public service or public office holders who are political appointees and prevent them from engaging in the electoral process in exercise of their inalienable rights in a participatory democracy.
“That Buhari and Malami have never taken it upon themselves to declare Section 84 (12) or any provisions of the Electoral Act unconstitutional as such is beyond their constitutional power”.
Besides, Buhari and Malami claimed that a Federal High Court in Abia State had in March through a judgement by Justice Evelyn Anyadike struck down the section, and ordered that it be deleted forthwith for being inconsistent with the Constitution.
The two defendants said that both the National Assembly and PDP have since appealed the judgement, adding that it was only the Court of Appeal that can restore the section into the Electoral Act and not any high court.
Insisting that the PDP suit has become academic and constituted abuse of court process on the strength of the pending Court of Appeal matter, Buhari and Malami asked the court to dismiss the PDP suit.
They argued that PDP should not be allowed to take over the functions of the National Assembly since it has no power to amend or enact law.
Buhari and Malami also averred that PDP has nothing to suffer if the contentious section was deleted, adding that removing the section would deepen the practice of democracy and stop discrimination against public servants and public office holders.
Justice Inyang Eden Ekwo of the Federal High Court in Abuja had on March 7 stopped Buhari, AGF and Senate President from tampering with the newly amended Electoral Act 2022.
The judge in a ruling on an ex-parte application by the Peoples Democratic Party (PDP) agreed that the Electoral Act having been assented to by Buhari has become a valid law and cannot be tampered with without following due process of law.
Ekwo agreed with Chief James Ogwu Onoja, SAN, counsel to PDP, that the proper place to challenge the validity of any existing law or the Electoral Act is a court of competent jurisdiction.
Specifically, the court had restrained all the defendants in the suit from removing Section 84 (12) of the Electoral Act or preventing It from being implemented for the purpose of the 2023 general election.
Meanwhile, hearing in the suit marked FHC/ABJ/CS/ 247/2022 has been fixed for May 16 by Ekwo.
News
Independence Anniversary: Nigeria Is A Failed Grandfather – Monarch
A first class traditional ruler in Rivers State, His Royal Majesty, King Aaron Ikuru, has described Nigeria at 65 as a grandfather who cannot provide leadership to other African Countries.
The monarch stated this in an interview at his palace in Ikuru Town, yesterday.
According to him, Nigeria would have been a developed country to set the pace in the whole of Africa, considering its numerous resources.
“Nigeria is a grandfather but not behaving as a grandfather. Our country, Nigeria, before and from the era of Independence was in the state of becoming a great country, but unfortunately is not becoming anything.
“We should be far ahead with what we have in the country. God blessed us, we have almost what it takes in terms of mineral resources, manpower amongst others that can drive speedy development in the country.
“If we’re able to harness all the things we have, even America by now would have respected us”, he said.
While blaming the past leaders of the country, the monarch called on the current leadership of the country to redouble efforts in order to narrow the differences in terms of development, exchange rate between naira and foreign currencies.
King Ikuru, who is also the Chairman of Andoni Area Traditional Rulers Council, however, lauded the efforts of the founding fathers, past leaders of the country for the achievements so far.
He also expressed optimism that Nigeria would be great, calling on the opinion leaders to shun tribalism and political intolerance in the country.
“If Nigeria should experience rapid development in all sectors, it means we must shun tribalism and political intolerance, the interest of our country must be our priority.
“We need to fight corruption vigorously, and leaders must show good example of discipline and integrity”, he said.
The monarch used the opportunity to wish Nigeria happy independence anniversary.
By: Enoch Epelle
News
FG begins payment of N32,000 pension increment to retirees – PTAD
The Pension Transitional Arrangement Directorate has announced the start of implementation of the new pension increments for pensioners under the Defined Benefit Scheme, saying the adjustments will be reflected in the September 2025 payroll cycle.
In a statement signed by Management and posted on its X handle, PTAD said the increase package includes a fixed N32,000 payment alongside percentage increases of 10.66% and 12.95% for eligible categories, which will benefit about 832,000 pensioners under its management.
Recall that PTAD in August announced President Bola Tinubu approved a series of measures, including new welfare benefits for pensioners under DBS.
The approval follows a formal request by PTAD’s Executive Secretary, Tolulope Odunaiya, seeking an emergency budgetary allocation to implement pension reforms and welfare benefits for the scheme’s retirees.
The measures include a N32,000 pension increment, percentage increases for pensioners of defunct and privatised agencies, pension harmonisation for all DBS pensioners, enrolment into the National Health Insurance Scheme, and the settlement of long-standing unfunded pension liabilities.
In a statement yesterday, PTAD said the partial release of N820.188 billion by the Federal Ministry of Finance from the emergency funding has made it possible for pensioners to begin receiving the enhanced payments immediately.
The statement read, “Further to the President’s approval of the emergency budgetary allocation for the payment of the new pension increment rates for Pensioners under the Defined Benefit Pension Scheme (DBS) that was earlier published by the Pension Transitional Arrangement Directorate on Friday, 8th August, 2025, the Directorate is delighted to announce the commencement of the implementation of the 832,000, 10.66% and 12.95% pension increment for eligible pensioners under the management of PTAD, in the September 2025 pension payroll cycle.
“This achievement has been made possible through the partial release of 820.188 billion by the Federal Ministry of Finance, from the initial 845 billion emergency funding approval granted by the Federal Government.
“This milestone clearly reaffirms the Federal Government’s dedication to safeguarding the welfare and entitlements of DBS Pensioners in line with the Renewed Hope Agenda.”
The directorate thanked President Bola Ahmed Tinubu for approving the emergency allocation.
It also acknowledged the role of the Minister of Finance and Coordinating Minister of the Economy, Mr Wale Edun; the Minister of State for Finance, Dr Doris Uzoka-Anite; the Accountant-General of the Federation and key presidential aides and parliamentary committees for their “timely interventions” and support.
The statement also expressed appreciation to organised pension groups, including the Nigeria Union of Pensioners and the Federal Parastatals and Private Sector Pensioners Association of Nigeria, for their cooperation during negotiations and implementation planning.
“We further assure all our DBS Pensioners and Stakeholders that the Directorate will continue to collaborate with the relevant authorities towards release of the outstanding approved funds and subsequent fulfilment of all future obligations relating to the pension increments and the landmark reforms,” the statement added.
The DBS covers pensioners who retired before the introduction of the Contributory Pension Scheme in 2004, including those from defunct public institutions, privatised agencies, and treasury-funded parastatals.
Over the years, many have faced irregular payments, delayed harmonisation, and inadequate healthcare access, challenges that the new reforms are expected to address.
News
Nigeria At 65: NOA urges citizens to foster unity, progress
The National Orientation Agency (NOA) has urged Nigeria. citizens to remain united, peaceful to enhance development of the nation as it celebrates 65th independence anniversary.
Mr Mkpoutom Mkpoutom, Director of NOA in Akwa Ibom, gave the charge in Uyo yesterday while addressing newsmen and stakeholders to mark the anniversary.
Mkpoutom said it was essential to recognise that the strength of Nigeria lay in its diversity
“With over 250 ethnic groups and an array of languages, the nation embodies a unique blend of heritage.
“This diversity should be seen not as a dividing line but as a unifying force that propels the country toward progress.
“As Akwa Ibom embarks on another year, it is crucial for all citizens to foster a sense of unity and shared purpose.
“Embrace dialogue, understanding and collaborate with the Renewed Hope Agenda of President Bola Tinubu in its efforts to addressing pressing challenges like poverty, security, education, and healthcare, thereby paving way for a brighter future for all.”
The state director, however, appealed to Nigerians from all walks of life to renew their commitment to a more prosperous, peaceful, and equitable nation.
“Let this anniversary serve as a reminder of the collective strength that lies in every citizen,” he said.
He urged everyone to contribute positively to the development of a better society.
Mkpoutom urged the people and all citizens to honour the labours of heroes past, as they celebrated the present, while working diligently toward a future filled with hope and opportunities for generations to come.
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