Politics

Electoral Act: Court Stops AGF, Others From Frustrating Appeal Against Judgment

Published

4 years ago

April 10, 2022

The Court of Appeal has ordered the Attorney General of the Federation (AGF) and others to desist from taking steps capable of frustrating hearing in an appeal filed against judgment of a Federal High Court which ordered removal of section 84 (12) from the new Electoral Act.

This is as the appellate court granted nod to the Peoples Democratic Party (PDP) to join as person interested in an appeal against the high court judgment which voided and struck down section 84 (12) of the Act.

PDP was granted the permission by the Owerri division of the Appeal Court to file its appeal as an interested person against the decision of the Federal High Court, Umuahia, on the order for removal of the section from the Electoral law.

In an enroll order of the Court of Appeal sighted in Abuja by our correspondent and signed by the Presiding Justice of the court, Justice Rita Noshakhare Pemu, the leave granted PDP to file an appeal was occasioned by submissions of its counsel, D.C Denwigwe, a Senior Advocate of Nigeria SAN.

The appeal marked CA/OW/87/2022 has Chief Nduka Edede and the Attorney General of the Federation AGF as the 1st and 2nd respondents respectively.

The enroll order read in part ” Upon reading the application herein filed on 23-3-2022 with an affidavit in support sworn to by John Eronini on the same date and after hearing DC Denwigwe SAN for the applicant and Chief Emeka Ozoani SAN for the 1st respondent, order is hereby granted as follows;

“Leave is hereby granted the applicant (PDP) to appeal as person interested in this appeal CA/OW/87/2022.

“Due to the exigencies of this appeal and its Constitutional colorization, there is need to hear this matter expeditiously.

“Accordingly, the Appellant is hereby given up to Tuesday 12th of April, 2022 to file its notice of Appeal and the parties are to file their respective briefs of arguments within three days from the date of service of the notice and record of Appeal on the respondents.

” There shall be a further three days given to the appellant to file a reply.

“Parties should desist from taking any step to frustrate the hearing of the appeal.

“The matter is adjourned to the 4th of May, 2022, for the hearing of the appeal.

“Fresh hearing notice to be issued on the 2nd to the 12th respondents”.

A Federal High Court, Umuahia division had on March 18 declared as invalid and unconstitutional section 84 (12) of the amended Electoral Act.

Justice Evelyn Anyadike in a judgment ordered the Attorney General of the Federation to delete the said section from the amended Electoral Act.

Section 84(12) of the Electoral Act provides 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.”

The high court which ordered that the section be struck out held that sections 66(1)(f), 107(1)(f), 137(1)(f) and 182(1)(f) of the 1999 Constitution already stipulated that government appointees seeking to contest elections are only to resign at least 30 days before the election.

The court therefore held that any other law that mandates such appointees to resign or leave office at any time before that was unconstitutional, invalid, illegal and void to the extent of its inconsistency to the clear provisions of the Constitution.

Justice Anyadike, thereafter, ordered Abubakar Malami to delete the contended section 84(12) from the constitution.

However, the National Assembly, which enacted the contentious section 84 (12) had lodged an appeal at the Court of Appeal in Owerri against the Umuahia court judgment ordering the AGF to delete Section 84(12) of the amended Electoral Act.

The suit at the Federal High Court Umuahia is marked; FHC/UM/CS/26/2022 and its judgment faulted the provision of Section 84(12) of the Electoral Act 2022 and declared it unconstitutional, invalid, illegal, null void and of no effect.

The NASS in its Appeal held that the high court erred in law because the clause in question is directed at political appointees and not civil servants.

NASS claimed that the high court passed judgment on a matter which was not included in the Electoral Act and concluded that its decision was liable to be set aside by the Court of Appeal.

The National Assembly also challenged why it was not joined as a respondent in the suit, being the only body with constitutional power to alter any part of the legislation which it passed.

President Muhammadu Buhari had on February 25 assented to the Electoral Act 2022 but however, objected to the provision of Section 84 (12).

According to DAILY POST, he later asked the National Assembly to amend the section of the Act, but the request was rejected by the lawmakers.

The Peoples Democratic Party, PDP, had on its own dragged President Buhari before a Federal High Court in Abuja challenging moves to alter the amended Electoral Act.

Buhari was sued along with the Attorney General of the Federation (AGF), and Minister of Justice, Senate President, Speaker, House of Representatives, Clerk of the National Assembly, Senate Leader, House of Representatives Leader and the Independent National Electoral Commission, INEC.

The party also joined as defendants in the suit marked FHC/ABJ/CS/247/2022 Deputy Senate President, Deputy Speaker, House of Representatives, Deputy Senate Leader and Deputy House of Representatives Leader.

The main opposition party in the suit filed on its behalf by Chief James Ogwu Onoja, SAN, had prayed the Federal High Court for an order of interim injunction restraining Buhari and other defendants from altering the duly signed Electoral Act or withholding the Electoral Act from being put to use, including the provisions of section 84 (12) of the said Act pending the resolution of the suit.

The PDP also applied for an order of the court stopping the National Assembly from giving effect to President Buhari’s request to remove section 84 (12) from the Electoral Act or take any step that will make the provision inoperative pending the resolution of the motion on notice for interlocutory injunction.

The grouse of the PDP is that President Buhari having assented to the Bill on February 25, 2022, cannot give any directive to the National Assembly to take immediate steps to remove the section or any section of the Act on any ground whatsoever.

In a ruling on PDP’s ex-parte application, Justice Inyang Ekwo had ordered defendants in the suit to suspend all actions on any attempt to alter the Electoral Act.

Politics

Umahi Fires Back At Makinde Over Lagos-Calabar Highway Cost

Published

3 hours ago

October 11, 2025

Editor

The Minister of Works, David Umahi, has fired back at Oyo State Governor, Seyi Makinde, over his recent comments questioning the cost per kilometre of the Lagos-Calabar Coastal Highway, insisting that the governor misunderstood the technical details of road construction and cost evaluation.

Speaking during an inspection tour of the Keffi Bridge and the Nasarawa–Toto Road projects, alongside the state governor, Abdullahi Sule, on Saturday, Umahi said the cost of the highway had been carefully computed in line with global engineering standards and should not be reduced to “political soundbites.”

Governor Makinde had queried the minister’s estimated figures on the cost per kilometre of the Lagos-Calabar Coastal Highway, which is one of the signature infrastructure projects of President Bola Tinubu’s administration.

Makinde, who spoke at an event in a viral video on Friday, said there was no need for the Minister of Works, David Umahi, to be “dancing around the cost” of the project.

He said, “These are elementary questions. And it makes no sense (sic). A process is ongoing, payment has been made, and you are saying, ‘How has this money been utilised?. The money is meant for the project, and it will be paid according to the work done.

Responding to the inspection tour, the former Ebonyi governor described Makinde as “a brother and friend” but said it was improper for him to publicly accuse him of “dancing around” figures.

“I heard that my brother and friend, Governor Makinde of Oyo state, said something about the cost per kilometre. I don’t want to join issues with him. I think he is an engineer, I think he is an electrician, they call it ‘elect-elect’. But this road construction matter, ‘elect-elect no reach there’,” Umahi said.

He continued, “I am his senior both in governance and in engineering practice. So, anything he doesn’t understand, he should call me and ask. I have great respect for him as my friend and brother, but he should withdraw the statement that I’m dancing around. I never danced around. If he insists, he should come for a debate, which is very important.”

Defending the project further, Umahi explained that there was no ambiguity in determining the cost per kilometre, stressing that it must be understood in both estimated and average terms.

“There is no ambiguity in cost per kilometre,” he said. “I am teaching them that cost per kilometre can be divided into estimated cost, which has elements of variance, and average cost, which is definitive. The average cost of a definitive project and the estimated cost are probable elements.”

He explained that the estimated cost includes allowances for contingencies and variation of price, which may not eventually be utilised.

“When the project is completed, and you remove what you didn’t use, such as contingencies and VOP, then you have your actual cost,” he added.

Umahi expressed amusement that some critics had resorted to asking Artificial Intelligence to explain the difference between estimated and average cost, only for the AI’s response to align with his explanation.

“When somebody who is dangling without knowledge goes to ask AI what the difference is between cost per kilometre and average cost, I’m happy that AI told him exactly what I said,” the minister quipped.

He also cited the National Universities Commission’s clarification on who qualifies as a professor, noting that practical experience in the field also counts as expertise.

“I’m happy that the NUC programme on who is a professor also made me right. You can become a professor by the reason of your practice. And I think God has made me one when it comes to practical, field engineering programmes, that’s what it is; you can’t take it back,” Umahi said.

Politics

Enugu Gov Mbah Set to Dump PDP

Published

1 day ago

October 10, 2025

Editor

Enugu State Governor Peter Mbah is set to dump the Peoples Democratic Party, PDP, for the ruling All Progressives Congress, APC, next week.

National Chairman and Deputy National Chairman, South-East, of the APC, Nentawe Goshwe Yilwatda and Emma Eneukwu, respectively, broke the news in Abuja on Friday.

The APC national leadership revealed Mbah’s imminent defection to the ruling party while swearing in the newly inaugurated members of the Enugu State caretaker committee, led by former state chairman, Ben Nwoye, at the party’s national headquarters in Abuja.

The governor is expected to announce his defection at an event schedule to hold in the state next week.

Chairman of the newly inaugurated caretaker committee, Nwoye, who confirmed the development, said the governor will join the ruling party alongside all his appointees.

There are speculations that Taraba State Governor, Agbu Kefas, is also set to join APC.

Politics

Makinde Calls Out Umahi Over Coastal Highway Cost Analysis

Published

2 days ago

October 10, 2025

Editor

Oyo State Governor, Seyi Makinde, has weighed in on the cost of the controversial Lagos-Calabar Coastal Highway project that was approved by President Bola Tinubu.

Makinde, who spoke at an event in a viral video on Friday, said there was no need for the Minister of Works, David Umahi, to be “dancing around the cost” of the project.

The governor was reacting to a heated exchange that unfolded live on television between Umahi and Arise TV presenter Rufai Oseni on Tuesday.

Oseni had requested the minister to analyse the cost of the project, kilometre by kilometre.

The request didn’t sit well with Umahi, who declared himself “professor” of practice in engineering while elaborating that the costs of the road in kilometres are not the same and would be too complicated for the journalist to understand.

He said, “These are elementary questions. And it makes no sense (sic). A process is ongoing, payment has been made, and you are saying, ‘how has this money been utilised?. The money is meant for the project, and it will be paid according to the work done.

“When a certificate is generated, and it is approved through a process in the Ministry of Works, it will then be given to the funders, who will, in turn, check if the works were done. How can you be asking for cost of kilometre? The prices are different. The next kilometre is different from the next kilometre.

“Keep quiet and stop saying what you don’t know. I’m a professor in this field. You don’t understand anything. I understand engineering very well. You have no knowledge of what you ask. You have no knowledge of what you’re asking.”

Oseni, who also refused to back down, responded, “Minister, it’s alright, keep dignifying yourself, and let the world know who you truly are.”

However, justifying the journalist’s question to the minister, Makinde said, “They asked a minister how much is the coastal road is, and then you (Umahi) are dancing around and going to say that no, the next kilometre is different from the next kilometres. Then what is the average cost?

“When we did the Oyo to Iseyin road then, it was about N9.99 billion, almost N10 billion. About 34 or 35 kilometres, average cost is about N238 million per kilometre.

“But when we did Iseyin to Ogbomoso, that was 76 kilometres, it was about N43 billion, average cost is about N500 million per kilometre. And we had two bridges, one over the Ogun river and then one at Ogbomoso end.”

The PUNCH reports that last year, the Federal Government announced the commencement of construction work on the 700km Lagos-Calabar Coastal Highway, which spans nine states and includes two spurs leading to the northern states.

Umahi made the announcement during the official handover of the first phase of the project, made up of 47.47 kilometers of dual carriageway, to Hitech Construction Company Limited, and which is to be constructed in concrete pavement.

This was contained in a statement issued by his Special Adviser (Media), Uchenna Orji.

According to him, the Minister who was in company with the Federal Ministry of Works’ Controller in charge of Lagos State, Mrs O. I. Kesha, emphasised the need for all contractors handling Federal Government’s road projects to deliver within a record time, noting that the government would not allow variation arising from delays or slow pace of work once mobilisation had been done.