Headlines
FG Drags National Assembly to Supreme Court Over Section 84(12) of Electoral Act
By Derrick Bangura
Nigeria’s federal government has dragged the National Assembly to the apex court in the land over the recent law barring political appointees from participating in the congresses and conventions of political parties unless they resigned from offices 30 days to the congresses and conventions.
The suit filed by President Muhammadu Buhari and the Attorney-General of the Federation and Minister of Justice, Abubakar Malami, SAN, specifically asked the Supreme Court to interpret the controversial clause in the Electoral Amendment Act 2022.
The suit which listed the National Assembly as the sole defendant was dated April 29, 2022.
Recall that Buhari had signed the amended Electoral Act into law with a condition that the lawmakers remove Section 84 (12) that barred political appointees because it is anti-democratic.
The section specifically stipulates that, “No political appointee 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.”
Although a Federal High Court, Abuja, had restrained the National Assembly from giving effect to the request of the president, the lawmakers on their part however ignored the request and threw it out.
Meanwhile, another Federal High Court in Umuahia, holding that the said section breaches the Constitution, had ordered that the law be struck down and the federal government delete from the copy of the amended Electoral Act, 2022.
Only last week, the Court of Appeal sitting in Abuja, although held that Section 84 (12) was unconstitutional went ahead to void the judgment of the Federal High Court that ordered its striking down because the court lacked the jurisdiction to entertain the suit on the grounds that the plaintiff did not have the legal backing to initiate the suit in the first place.
But the federal government in its own suit marked SC/CV/504/2022, is seeking an order of the apex court to strike out the alleged offensive section of the Electoral Act, for being inconsistent with the Constitution.
According to the plaintiffs, 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 as well Article 2 of the African Charter on Human and Peoples Rights.
The federal government in addition submits that the constitution has already provided how a person could qualify or be disqualified 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.
Among the reliefs sought were “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, 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.
“A declaration that having regard to the clear provision of section 1(3) of the Constitution read together with section 4 of the same Constitution, the legislative powers vested in the defendant do not permit or empower it to make any other law prescribing additional qualifying/disqualifying grounds for election to the National Assembly, House of Assembly, Gubernatorial and Presidential election outside the express constitutional qualification and disqualification provisions as already provided in each or all of sections 65, 66, 106, 107, 131, 137, 147, 151, 177, 182, 192 and 196 of the 1999 constitution of the Federal Republic of Nigeria (as amended), and without amendment to any of those sections is for the reason of inconsistency, unconstitutional and therefore null and void.
“An order nullifying the provision of Section 84 (12) of the Electoral Act, 2022 by application of the blue-pencil rule, for being unconstitutional, illegal, null and void and having been made in excess of the legislative powers of the defendant as enshrined in section 4 of the constitution (as amended).”
Headlines
Rep felicitates Wike on emergence as THISDAY/Arise TV Minister of the Year
The Chairman House of Representatives Committee on Federal Capital Territory (FCT), Rep. Aliyu Betara (APC-Borno), has congratulated the FCT Minister, Mr Nyesom Wike, on his emergence as THISDAY/Arise TV Minister of the Year.
Betara, in a congratulatory message issued in Abuja, eulogised the leadership virtue and dedication of the minister to infrastructural development in the territory.
The lawmaker, representing Biu/Bayo/Shani/Kwaya Kusar Federal Constituency of Borno, said that the award was well-deserved.
“On behalf of the House of Representatives Committee on FCT, I wish to extend my warmest congratulations to the FCT Minister, Mr Nyesom Wike, on your well-deserved recognition as the Minister of the Year by THISDAY/Arise TV.
“This prestigious honour is a testament to your visionary leadership, tireless dedication and exceptional contributions to the infrastructural transformation in the territory.
“Your unwavering commitment to service and your determination to improve the lives of residents and visitors alike to the FCT has been nothing short of exemplary.
“Through your bold initiatives and strategic policies, you have not only enhanced the aesthetics and functionality of Abuja, but have also reaffirmed the FCT’s position as a beacon of progress and modernity in Nigeria,” he said.
Betara said that the recognition was a reflection of the positive impact of Wike’s work and the admiration he had earned across various sectors.
While describing the recognition as an outstanding achievement, the lawmaker prayed that the milestone would serve as an inspiration for greater accomplishments in service, with integrity and purpose.
Headlines
Court adjourns case against ex-Kogi governor, others
A Federal Capital Territory High Court on Wednesday, adjourned hearing in the alleged money laundering case against former governor of Kogi, Yahaya Bello until April 3 and April 24.
Justice Maryann Anenih adjourned the case for continuation of hearing after the first witness, Fabian Nworah, a property developer, was called to testify.
The Prosecution Counsel, Kemi Pinheiro, SAN, informed the court that he had five witnesses to call for the day.
Justice Anenih said she could only take one witness as she had other matters to attend to.
The court also announced that it would not be sitting on Thursday as previously scheduled.
Counsel for the 1st and 2nd Defendants, Joseph Daudu, SAN, however, informed the court that the prosecution had not made the statements on oath of the 2nd defendant available to the defence team.
He said he was aware that the first defendant had not made any statement.
Daudu also objected to the witness presented by the prosecution, arguing that the defendants had no prior knowledge of the witness and were only seeing him in court for the first time.
Citing authorities, he emphasised that legal proceedings should not be a “hide and seek” game, stating that the prosecution was required to provide the witness’ statements on oath in advance so the defence could adequately prepare for cross-examination.
“The statements of the second defendant have not been served on us to be able to know if we will be able to represent him or not.
“So, it is a serious handicap on us. They need to serve us all the statements made by the defendants.
“I understand the first defendant has not made a statement. Fortunately, we are still within the house keeping stage of the proceeding,” he added.
Corroborating this, counsel for the 3rd Defendant, Abubakar Aliyu, SAN, said, “mine is not a comment but an observation my lord. My application is for the court to order the prosecution to provide us with the statements of the 2nd and 3rd defendants.”
When the judge asked if he had requested for the statements, Aliyu SAN said, he discovered on Tuesday that the said statements were not part of the proof of evidence served on the defendants.
He said: “I am also applying that the court order the prosecution to provide us with copies of recovered digital device and the report or the extract therefrom mentioned on Page 14 of Volume 1 of the proof of evidence and the report of the forensic expert if any.
“I am following the procedure followed in Okoye against the Commissioner of Police, which was adopted by the Supreme Court in Okemini Vs Commissioner of Police.”
The prosecution witness, however, disagreed, saying the defendants were trying to delay speedy trial.
He insisted that the proof of evidence was served on the defendants on Nov. 27, 2024.
“The constitutional provisions, which they rely on, does not imply that the prosecution should provide all the documents which it relies on.
“The law only provides that the prosecution should oblige the defence with all the documents requested for,” Pinheiro argued.
He noted that the issues would be addressed whenever they receive formal applications from the Defendants and urged the court to proceed on the business for the day.
“As it is, we have almost utilised more than an hour on these arguments,” he stated.
The judge asked the defendant’s counsel why he did not raise the issues in December.
Daudu SAN replied that it was because it had to be done after arraignment.
“I have applied and they are not obliging me. It is absolutely necessary for our defence,” counsel for the 3rd defendant said.
The judge, however, declined the application for adjournment and directed the prosecution to proceed with the case.
The prosecution then proceeded to call its first witness, Fabian Nwora, a property developer with EFAB Property Nigeria Limited.
Nwora testified that he was invited to the Economic and Financial Crimes on Feb. 8, 2023, regarding a transaction between Shehu Bello and EFAB Property concerning a property located at No. 1 Ikogosi Street, Maitama.
He stated that he sold the said property to Shehu Bello but observed that the name on the sale agreement was Dr Bello Ohiani, not Shehu Bello.
He said, in 2023, Shehu Bello approached EFAB Property, informing them that the property was under investigation by the EFCC.
He returned all documents related to the purchase and demanded a refund of the N550million that was paid.
Subsequently, he said, EFAB Property was invited by the EFCC to explain what transpired between them and Shehu Bello.
The EFCC instructed the company to refund the entire sum to an EFCC-designated account. EFAB Property complied in two batches of N400 million and N150 million.
Headlines
Kebbi to upgrade Zuru hospital to referral centre
The Kebbi Government says it is assessing the condition of the Zuru General Hospital with the aim of upgrading it to a referral centre.
Gov. Nasir Idris stated this when he visited the Emir of Zuru, Alhaji Muhammadu Sani-Sami on Wednesday in Zuru.
Idris visited the emir to thank the people of Fakai, Sakaba, Danko/Wasagu and Zuru Local Government Areas that make up the emirate.
Idris said that upgrading the Zuru General Hospital to a referral centre would ease the difficulties faced by people of the emirate.
The governor said that quality healthcare services remained an utmost priority of his administration.
He said that the Sir Yahaya Memorial Hospital, Birnin Kebbi and the State Medical Centre, Kalgo, currently serving as referral health institutions were overstretched.
“The government is committed to reversing the trend by making referral hospitals close, accessible and affordable to the people of the state,” he said.
On the expansion of the Zuru Water Works and construction of urban township roads, Idris promised to reappraise the facilities for necessary action.
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