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Appeal Court Says Electoral Law That Compels Political Appointees to Resign Before Primaries Is Illegal

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Court fines Udeze N1m for parading self as AA national chairman

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.

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China Introduces Instant Tax Refunds for Foreign Tourists to Boost Shopping Experience

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China Introduces Instant Tax Refunds for Foreign Tourists to Boost Shopping Experience

China has revamped its tax refund policy for foreign tourists, shifting from a refund-upon-departure model to a more convenient refund-upon-purchase system, according to the State Taxation Administration (STA).

The STA announced on Tuesday that under the new system, foreign visitors can now claim Value Added Tax (VAT) rebates instantly at designated tax-free stores. This change allows tourists to use their refunded amount immediately for additional shopping, enhancing their overall experience in China.

Previously, VAT rebates could only be withdrawn upon departure, but with the new policy, tourists will be able to access their refunds in real-time during their stay. The policy, which was initially tested in cities like Shanghai, Beijing, and Guangdong, has now passed all operational requirements and will be rolled out nationwide.

The STA emphasized its dedication to improving policy guidance and simplifying refund procedures to better serve international visitors.

Li Xuhong, Vice-President and Professor at the Beijing National Accounting Institute, welcomed the change, stating that the nationwide implementation would raise China’s tourism service standards. “It will foster a friendly, efficient, and convenient tourism environment,” Xuhong added.

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Nigeria Reaffirms Commitment to One-China Policy Amid Taiwan’s Trade Office Claims

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Nigeria Reaffirms Commitment to One-China Policy Amid Taiwan's Trade Office Claims

Rep. Jaafaru Yakubu, Chairman of the House of Representatives Committee on China-Nigeria Parliamentary Relations, has reiterated Nigeria’s firm commitment to the One-China Policy, following recent comments by Taiwan’s Trade Mission Head in Nigeria, Andy Yih-Ping Liu.

Speaking in Abuja on Tuesday, Yakubu firmly declared that Nigeria continues to recognize Taiwan as an integral part of the People’s Republic of China. He rejected Liu’s claim that Taiwan was not part of China, labelling it as “propaganda” aimed at undermining the strong diplomatic ties between Nigeria and China.

“For the record, United Nations General Assembly Resolution 2758, adopted in 1971, recognised the People’s Republic of China as the sole legitimate representative of all of China, including Taiwan,” Yakubu stated. “The One-China Policy remains the cornerstone of China-Nigeria relations.”

He emphasized that since Nigeria and China established diplomatic ties in 1971, the country has consistently upheld this principle. “Efforts by Taiwan’s trade office to challenge this stance are futile and will not succeed,” Yakubu added.

Yakubu criticized Liu’s comments as an attempt to draw Nigeria into China’s internal matters, accusing the Taiwanese official of deliberately sowing discord and provoking a diplomatic rift. “Nigeria’s relationship with China is built on mutual respect and non-interference in each other’s political matters,” he said.

In response to Liu’s claim that China acted as a bully, Yakubu pointed to the positive trajectory of Nigeria-China relations. “Contrary to these baseless assertions, Nigeria has enjoyed a mutually beneficial partnership with China, yielding tangible results for both nations. Since 1971, our ties have grown significantly.”

He highlighted the strategic nature of the partnership, referencing the elevation of the relationship to a Comprehensive Strategic Partnership during the 2024 FOCAC Summit in Beijing. “Today, Nigeria stands as China’s second-largest trading partner in Africa, with bilateral trade surpassing 20 billion dollars,” Yakubu noted.

Furthermore, Yakubu praised China’s role in Nigeria’s infrastructural development, with investments in sectors such as rail networks, roads, ports, power stations, and water treatment facilities.

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Shettima Warns Media Against Romanticising National Challenges

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Shettima Warns Media Against Romanticising National Challenges

Vice President Kashim Shettima has cautioned Nigerian media practitioners against the growing tendency to romanticise serious national issues, describing the trend as a dangerous departure from the media’s constitutional duty of promoting truth and accountability.

Represented by his Special Adviser on Special Duties, Modibbo Umar, the Vice President issued the warning on Tuesday while delivering a speech at the 17th LEADERSHIP Conference and Awards held at the Old Banquet Hall of the State House, Abuja.

“We must resist the temptation to romanticise serious national issues or frame them in ways that distort public understanding,” Shettima said. “Doing so only weakens the fabric of our democracy and derails our collective efforts at nation-building.”

The Vice President’s remarks came as stakeholders in governance, business, and civil society gathered to reflect on the theme of the event, “Challenges and Opportunities in Nigeria’s Fiscal Federalism.” The conference provided a platform for thoughtful engagement on some of the country’s most pressing issues, with a focus on the responsibilities of leadership at all levels.

Shettima also used the occasion to commend LEADERSHIP Newspapers Group for its consistent contributions to national discourse and its commitment to celebrating excellence in leadership.

“I commend LEADERSHIP Newspaper for the vision to convene this vital discourse and for shining the light on those who have chosen to lead with courage and competence. May we never tire of striving for a better Nigeria,” he said.

The annual LEADERSHIP Conference and Awards continues to be a major event that brings together influential voices to deliberate on national progress and honour individuals and institutions making meaningful impact in society.

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