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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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How We Saved N2.3bn From  LG Reforms – Diri 

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Bayelsa State Governor, Senator Douye Diri, has revealed that the reforms initiated and implemented by his administration led to the saving of the sum of N2.3 billion for the local government councils.
The governor disclosed this recently at the opening ceremony of an orientation programme organised for newly-elected local government council chairmen, vice chairmen, councilors and principal officers at Perdis Hotel, Akenfa.
Gov Diri stated that on assumption of office in 2020, some local government councils were highly indebted and unable to pay salaries but his administration took measures that resulted in regular payment of salaries, execution of projects and saving of funds.
The Bayelsa State Chief Executive restated his call on the Federal Government to create additional local councils in the state, saying it was injustice for some states to have more than 40 councils and receiving monthly allocation from the Federation Accounts Allocation Commission (FAAC), while the state had only eight.
He charged the newly elected local government officials to make good use of the two-day workshop to equip themselves with the requisite knowledge to carry out their responsibilities.
The governor also called on them to work as a team to ensure that development was felt at the grassroots.
“Local governments as at 2020 were unable to pay salaries, particularly Nembe, Ogbia, Ekeremor and Sagbama. There was some form of dissatisfaction in the system.
“After I went through the recommendations of the Deputy Governor, whom I entrusted with investigating the local government, I wasted no time in approving the recommendations.
“The recommendations included the ban on loans from any source by local government chairmen without approval of the governor; compulsory savings by every council; and the division of balance after payment of salaries into 60 and 40 per cent respectively. One part was for compulsory savings and the other to project implementation and immediate commencement of computerisation of their payroll as well as compulsory quarterly award of projects by each council chairman.
“We found a lot of fraud in the local government system. But as it stands today, our councils have N2.3billion as a result of the combination of the factors of reforms and proper supervision of that tier of government.
“The breakdown is N400million compulsory savings while N1.9 billion for capital projects. This is aside from the one done by caretaker committees in terms of project execution within the short period they stayed”, the governor said.
Gov Diri assured of his administration’s  commitment to support the councils to achieve their goals and expressed  confidence that the new officials would meet the expectations of the people.
“We firmly believe that good governance begins at the grassroots level. That is precisely why we have gathered here to equip you with the necessary skills and knowledge to improve our local government administration and  enhance service delivery.

Ariwera Ibibo-Howells, Yenagoa

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Monarch Cautions Against Divisive Politics, Declares Support For Fubara 

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The Eze Oruamara/Regent of Okwuzi Kingdom in Ogba/ Egbema/Ndoni Local Government Area of the State, Eze Victor Afaka, has sued for peace among the political class in the State.
Eze Afaka made the appeal while speaking with The Tide on the sidelines of the governorship victory thanksgiving service by the Ogba Egbema /Ndoni Chapter of the Simplified Movement in Omoku.
He said Governor Fubara should be allowed to display the vision that God has given to him to govern the state.
According to him, since every administration has its term and tenure, the man presently at the helm of affairs in Rivers State must be given the opportunity to complete his own term and tenure.
“I advise politicians to sheathe their sword and allow peace to reign. Politics and governance have their terms and tenure. When it is your tenure, you have your vision to display; when you conclude that vision God has given you as a leader of your community or of a state, you step aside and leave the next person to display the vision God has given to him” he said.
The traditional ruler said he and  his people, including the youth, women and the Ogbakor Egbema, decided to attend the service because of the excellent vision of Governor Fubara
“We are happy, Okwuzi people are in full support of the government, the government of His Excellency, Sir Siminalayi Fubara”, he added.
He said that the governor’s peaceful disposition to governance has endeared him to His Kingdom, noting that Okwuzi kingdom was already a beneficiary of the present administration’s purposeful governance as the Omoku/Okwuzi road abandoned 10 years ago, was nearing completion.
“ONELGA, Okwuzi are benefitting from his government.The road that was abandoned for ten years is being completed right now and we know that there are so many other things he will do for us”, he said.
While urging the state government to give desired attention to the Okwuzi General Hospital that is in a state of dilapidation, Eze Afaka entreated Governor Fubara not to be distracted, but to continue to promote peace and development across the State.

John Bibor

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APC Stakeholders Storm Secretariat, Demand Ganduje’s Resignation

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A group of North Central stakeholders in the All Progressives Congress (APC) has stormed the national secretariat of the party in Abuja, demanding the resignation of the National Chairman, Dr Abdullahi Ganduje.
Addressing newsmen in Abuja yesterday, the protesters said their demand followed his recent suspension by a faction of his ward executives and the alleged bribery allegation levelled against him by the Kano State government.
While they chanted solidarity songs and displayed several banners some of which read, “Ganduje must resign” and “Return the APC chairmanship to North Central,” the protesters appealed to President Bola Tinubu and the Secretary to the Government of the Federation (SGF), George Akume, to consider returning the leadership of the party to the North Central.
Only on Tuesday, the Forum of APC State Chairmen had passed a vote of confidence on Ganduje, affirming their unalloyed support to him.
The protesters under the aegis of Concerned North Central APC Stakeholders lamented that the continued stay of Ganduje in office was a clear violation of the zoning principle in the party.
Mohammed Saba, who led the protesters, said unlike the 37 APC state chairmen, his people in the North Central have passed a vote of no confidence on the national chairman and equally demanded his immediate resignation.
Saba reiterated that the people of North Central felt betrayed when the position of APC national chairman was hijacked from them following the exit of Senator Abdullahi Adamu despite giving Tinubu the third highest votes after North West and South West at the 2023 presidential election.
He said, “We, the North Central APC Concerned Stakeholders, have resolved to unanimously agitate for our right and reclaim our mandate which was handed unto us by the National Convention of our great Party in 2022.
“Various sections of our constitution have established the procedure of replacing an executive member at all levels of the party in the event of death, resignation, incapacitation or expulsion from the party by any executive member.
“It is a fact that the emergence of Dr. Umar Ganduje as national chairman was done against the spirit and soul of the APC which is the constitution of our great party. This singular act has impacted negatively on us as a people in the North Central.

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