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Section 84(12): Court Fixes June 28 For Report On Supreme Court Decision

Published

4 years ago

May 25, 2022

A Federal High Court, Abuja, yesterday, fixed June 28 for report on the outcome of the Federal Government’s suit seeking an interpretation of Section 84(12) of the Electoral Amendment Act, 2022 before the Supreme Court.
Justice Inyang Ekwo adjourned the matter after counsel for the plaintiff (Peoples Democratic Party), Joseph Daudu, SAN, told the court that the hearing of his case would depend on the apex court decision on the suit before it.
Upon resumption of the matter, Daudu informed that though the case was adjourned for all parties to look at their processes, some applications were served on him by some of the respondents.
Justice Ekwo then asked the senior lawyer if he had done a review of his case going by the directive he gave on the last adjourned date.
Daudu said he discovered that the judgement of the Court of Appeal on Section 84(12), if applied, would make the work of the court easier because the appellant court agreed with his client on two points.
He, however, said that the Appeal Court judgement “is still merely persuasive since it is not the final court.”
According to him, it is only the Supreme Court that has the final say.
Daudu further said that if there would be a likelihood of decision on the suit filed by the president and the Attorney-General of the Federation (AGF) on Thursday at the Supreme Court, the outcome would be either for the judgement to be binding on them or to allow the court hear their matter.
“So, all is pointing to the direction to know what the Supreme Court will say,” he said.
The judge then said that since processes had been filed and no response had been done, that showed that no issue had been joined.
“That means this matter has to abate,” he said.
Justice Ekwo, who ordered all the parties in the suit to file relevant processes before the new date, adjourned the matter until June 28 for report.
The court had, on May 16, asked the PDP to take a critical look at the development in its suit to know if it could still continue with the case.
Ekwo gave the advice after counsel for the PDP, Daudu, informed the court that based on the Court of Appeal judgement sitting in Abuja, the court could continue with the matter before it.
The PDP had sued the President, the Attorney-General of the Federation (AGF), Senate President, Speaker of the House of Representatives and Clerk of National Assembly.
It also sued Senate leader, House of Representatives leader and the Independent National Electoral Commission (INEC) as 1st to 8th defendants, respectively.
Others include Deputy Senate President, Deputy Speaker of House of Representatives, Deputy Senate Leader and Deputy Leader of the House of Representatives as 9th to 12th defendants in the matter.
The court had also joined Allied People’s Movement (APM) as 13 defendant in the suit marked: FHC/ABJ/CS/247/2022.
The PDP had challenged the legality or otherwise of the National Assembly tinkering with Section 84(12) of the Electoral Act, after it had been signed into law by President Muhammadu Buhari.
Amidst debate about the subject matter, a Federal High Court, Umuahia in Abia and presided over by Justice Evelyn Anyadike, on March 18, ordered the AGF to delete Section 84(12) of the Act.
Anyadike, in the judgement, held that the section was “unconstitutional, invalid, illegal, null, void and of no effect whatsoever and ought to be struck down as it cannot stand when it is in violation of the clear provisions of the Constitution.”
Anyadike held that Sections 66(1)(f), 107(1)(f), 137(1)(f), and 182(1)(f) of the 1999 Constitution already stipulated that appointees of government seeking to contest elections were only to resign at least 30 days to the date of the election.
But the Court of Appeal in Abuja, on May 11, vacated the judgement of the Federal High Court in Umuahia, Abia State, which voided the provision of Section 84(12) of the Electoral Act, 2022.
The appellate court, in a unanimous decision by a three-member panel of justices led by Justice Hamma Akawu Barka, held that the person that instituted the matter at the lower court, Mr Nduka Edede, lacked the locus standi to do so.
The appellate court, which invoked its constitutional powers to look at the substantive suit on its merit, however, held that Section 84(12) was unconstitutional and in breach of Section 42 (1)(a) of the 1999 Constitution (as amended), stressing that the section denied a class of Nigerian citizens their right to participate in election.
The Federal Government had also on April 29 filed a suit at the Supreme Court, seeking an interpretation of Section 84(12) of the Electoral Amendment Act, 2022.
In the suit filed by the president and the Attorney-General of the Federation (AGF), who are the plaintiffs, listed the National Assembly as the sole defendant.
They are seeking an order of the apex court to strike out the section of the Electoral Act, saying it is inconsistent with the nation’s Constitution.
The Supreme Court had also joined the Rivers Attorney-General and the Speaker of the state House of Assembly as defendants in the suit on May 19 and fixed Thursday for hearing.

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Rivers Capable Of Delivering Massive Votes For Tinubu, Chinda, Others -Fubara …Charges APC, Rainbow Coalition To Embrace Team Work

Published

8 hours ago

November 13, 2026

The Tide

Rivers State Governor, Sir Siminalayi Fubara, has declared that the State is capable of delivering massive votes for President Bola Tinubu, the All Progressives Congress (APC) governorship candidate, Rt. Hon. Kingsley Chinda and other candidates of the Rainbow Coalition in the 2027 general elections.

Fubara, who stated this yesterday at the inauguration of the APC Presidential Campaign Council in Port Harcourt, said the surest path to victory is for the members of the Presidential Campaign Council drawn from the APC and the Rainbow Coalition to embrace the spirit of teamwork.

He said what the state was witnessing in the current political season is a repeat of the successful mobilization done in 2022 and 2023, when a large campaign council worked in unity to deliver victory for him and for President Tinubu.

He added that the present council is bigger, wider and better coordinated and should therefore achieve even better results.

He noted that the beauty of the new council is the fact that some persons who were in the opposition camp during the previous elections are now part of the team, saying their inclusion has made the task easier, provided everyone works as one team and with sincerity of purpose.

The governor thanked the Coordinator of the Presidential Campaign Council for Rivers State, Chief Nyesom Wike, and other leaders who worked tirelessly to bring the council to fruition, stressing that nothing is impossible especially when people work together for a common purpose.

He expressed optimism that with seriousness and commitment, the state would record a higher number of votes than it recorded in 2023.

Fubara, while congratulating members who made the list, appealed to those whose names were omitted not to be discouraged, as there are still sub-committees to be constituted and the list can still be updated, even as he warned against double loyalty.

He said the state has gone past the stage of division and is now looking to the future and what God holds for Rivers people, expressing confidence that with the strategy already put in place, the APC and the Rainbow Coalition would come out victorious in 2027.

Minister of the Federal Capital Territory and Coordinator of the Campaign Council, Chief Nyesom Wike, while inaugurating the Council, lauded Fubara for finding time to attend the ceremony and other engagements of the Council in spite of his busy schedules.

Wike, who is also the National Leader of the PDP/ Rainbow Coalition, reminded members of the Council that they were chosen based on their capacity to participate in the activities of the group and deliver positive results.

He charged them to work hard to win votes for the candidates of the APC and the Rainbow Coalition for the Presidential, Governorship, National Assembly as well as State House of Assembly elections next year.

He disclosed that apart from the Presidential Campaign Council and its sub-committees, the Local Government Campaign Councils will soon be inaugurated to ensure better coverage of the grassroots during the current campaign season.

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RSG Floats MNET Culture Content Promo

Published

1 week ago

November 6, 2026

The Tide

The Rivers State Ministry of Culture and Tourism has floated a culture content platform in collaboration with digital television group, Multichoice.

Permanent Secretary, Ministry of Culture and Tourism, Mr. Freddy Ndigbara, disclosed this after a meeting with MultiChoice Head of Content Acquisition, Don Dotun Ojon, in Port Harcourt.

He assured that content entrepreneurs and film makers would enjoy the platform by promoting culture and other contents to sell the states tourism potentials.

He said MultiChoice M-net was now open to increase its patronage for content shots on locations in Rivers State, describing the State as one that has numerous potentials for film tourism.

“We were privileged to have Don Ojon with us at the Rivers International Film Festival (RIFF) at the weekend in Bonny and he saw, first hand, the numerous sites and opportunities that are open to creatives in the State. After that, we felt it was important to deepen the conversation and he obliged. This is a cheering news for the sector in the State,” he said.

Ndigbara stated that “Rivers State has many more untold stories to tell, many more contents to reel out and the assurances from the M-net Acquisition Manager is an indication that the industry in the state will soon enjoy a new lease of life”.

The Permanent Secretary thanked Ojon for the visit and assured that creatives in the State would grap this opportunity and show the world that Rivers State is a major hub for film tourism in Nigeria.

On his part, Ojon said the visit was to discuss on ways of promoting tourism in the State using creatives and film.

Ojon said although the company has recently been acquired by canal+ France and is undergoing restructuring, he would promote the chances of Rivers State to host the MultiChoice talent factory in the State.

With Asaba, capital of Delta State, being saturated, Ojon said the next port is Rivers State, which he said is capable of building fresh crop of creatives, new locations, new story lines and concepts.

He, therefore, called for collaboration from stakeholders in the State.

Kevin Nengia

Featured

APC Presidential Campaign Storms PH, ‘Morrow

Published

1 week ago

November 6, 2026

The Tide

Barring last minute changes, the presidential campaign train of the All Progressives Congress (APC) will storm Port Harcourt, Rivers State capital, tomorrow.

This is according to a campaign timetable released by the APC Campaign Council last month.

The Tide reports that the APC presidential campaign kicked off in Kaduna on October 24 with President Bola Tinubu in attendance.

The campaign train later moved to Cross River, Gombe, Nasarawa, and Ekiti on November 2, 3, 4 and 5 respectively with the Vice President, Kashim Shettima representing the President at the rallies.

President Tinubu is personally scheduled to attend 12 states including Rivers, Kaduna, Plateau, Oyo, Borno, Enugu, Bauchi, Sokoto, Delta, Kano, Adamawa and Lagos.

The Rivers State rally, scheduled to hold at the Adokiye Amiesimaka Stadium, Port Harcourt, is expected to witness a large crowd of party supporters drawn from a coalition of political parties in the State.

The party is expected to round off its presidential campaign in Lagos State on January 9, 2027.

The Tide reports that Tinubu has not visited Rivers State as President since he assumed office in May 2023. His last physical visit to the State was before his inauguration on Wednesday, May 3 – Thursday, May 4, 2023, when he was hosted by then Governor Nyesom Wike in Port Harcourt to commission the Rumuola/Rumuokwuta Flyover and the Magistrates’ Court Complex.

Tomorrow’s visit will be his first to the State since assuming office.