Headlines
Appeal Court Says Electoral Law That Compels Political Appointees to Resign Before Primaries Is Illegal
By Derrick Bangura
The Court of Appeal in Abuja has set aside Section 84(12) of the Electoral Act 2022 saying it violates Section 42 (1)(a) of the Constitution.
Although the appellate court set aside the judgment of the Federal High Court in Umuahia, Abia State, which voided the provision of Section 84 (12) of the Electoral Act 2022 on the ground that the plaintiff, Nduka Edede, did not have the legal standing to institute the action, it heard the case on its merit and held that the the provision denied a class of Nigerian citizens their right to participate in elections.
Section 84 (12) of the Electoral Act states that “No political appointees at any level shall be a voting delegate or be voted for at the Convention or Congress of any political party for the purpose of the nomination of candidates for any election”.
This means that a political appointee – ministers, commissioners, special advisers, personal assistants – be it at the federal or state level is not allowed to be a voting delegate or be voted for in a political party primary. And since such an individual was not allowed by the provision of Section 84(12) of the Electoral Act to be a delegate or be voted for in the political party’s primaries, thus, he/she cannot be a candidate for an election.
The only way such an individual would be a candidate is if he/she resigns before the party’s primaries, and political parties are mandated by Section 29(1) of the Electoral Act to conduct their primaries and submit the list of candidates at least 180 days ( 6 months) before the date appointed for a general election.
Nigeria President Muhammadu Buhari signed into law the Electoral Act on February 25, 2022 but on March 1, wrote a letter to both chambers of the National Assembly requesting them to delete Section 84(12) of the Act.
Buhari said the Section constitutes a fundamental defect, as it is in conflict with extant constitutional provisions.
Sections 66(1)(f); 107(1)(f); 137(1)(g); and 182(1)(g) of Nigeria’s 1999 Constitution already states that appointees of government seeking to contest elections are to resign at least 30 days to the date of the election.
The Appeal Court ruling means political appointees in the current government can contest in the forthcoming APC primaries later this month.
Some of President Buhari’s ministers seeking elective posts include Transportation Minister Rotimi Amaechi, Attorney General of the Federation Abubakar Malami, Minister of Labour and Productivity Chris Ngige, Deputy Petroleum Minister Timipre Sylva and Deputy Education Minister Emeka Nwajuiba.
President Bola Tinubu, on Tuesday arrived in Katsina to receive the remains of the former President Muhammadu Buhari, who passed away in London on Sunday at the age of 82.
Just hours before the burial of former President Muhammadu Buhari, heartfelt tributes have continued to pour in from beneficiaries of his many charitable deeds, with many describing him as a man who never turned his back on the needy.
Speaking to the News Agency of Nigeria (NAN) on Tuesday, Aminu Daura, a respected community elder, recalled how Buhari consistently provided foodstuffs during Ramadan for families, friends, widows, and orphans in his hometown.
“He never made noise about it, but many homes had food on their tables during fasting period because of him,” Daura said.
Abdullahi Sani, a physically-challenged man who received a tricycle from the Buhari Foundation in 2021, was overcome with emotion while speaking to NAN.
“I can move around and feed my family today because of Baba Buhari. I pray to Allah to reward him for giving hope to people like me,” he said, in tears.
Hajiya Fatima Yahaya, another resident, remembered Buhari’s acts of kindness during festive seasons.
“Even after he left office, his aides ensured that the usual support still reached us every year. He always remember his people,” she said, referring to his distribution of Sallah rams and food items to indigent families during Eid celebrations.
Other residents of Daura also shared memories of how the late former president quietly paid school fees and medical bills for struggling families, actions rarely publicized.
“Some of us benefited from his silent interventions. He was a true father and a great figure in the society,” said Ali Saidu.
On Monday night, Imams across various mosques in Daura held special Qur’anic recitations, praying for the forgiveness of Buhari’s sins and his eternal peace.
The Chief Imam of Daura Central Mosque, Sheikh Musa Kofar Barau, described Buhari as a humble leader whose legacy of service and compassion would remain alive in the hearts of the people.
Buhari is scheduled to be buried later on Tuesday in his hometown of Daura, Katsina State, in line with Islamic rites. The community is bracing to welcome thousands of mourners from across Nigeria and beyond.
His Majesty King Mohammed VI of Morocco has extended heartfelt condolences to President Bola Tinubu, the family of the late former President Muhammadu Buhari, and the entire Nigerian people following Buhari’s death.
In a message of sympathy, the Moroccan monarch described the passing of the former Nigerian leader as a “sad occurrence,” expressing deep sorrow over the loss.
King Mohammed VI hailed Buhari as “an illustrious leader who worked untiringly to serve his country’s best interests and lead his people toward further progress and prosperity.”
He added: “Our thoughts and prayers are with you and the bereaved. I share your grief and want you to know how much I appreciated the working sessions I had with the deceased.”
Reflecting on their bilateral engagements, the king noted that his collaboration with Buhari led to the launch of promising development projects, “ushering a new era grounded in friendship and close cooperation between our two sister nations.”
Tinubu arrives Katsina to receive Buhari’s body for burial
“He Never Turned His Back on the Needy” — Tributes Pour In Ahead of Buhari’s Burial
King Mohammed VI Mourns Buhari, Praises Legacy of Nigeria’s Former Leader
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