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

2027: NDC Unveils Electoral Committee Members For Primaries

Published

18 seconds ago

May 28, 2026

Editor

The Nigeria Democratic Congress, NDC, has released list of Electoral Committee Members to Conduct primary election.

The exercise is for State House of Assembly, House of Representatives, Senate, Governorship and Presidential Primaries across all States in Nigeria and the FCT.

This was contained in a statement posted on its verified X handle on Thursday.

The party had provided updates concerning its upcoming Presidential, National Assembly, Governorship, and State Assembly primaries.

According to the party’s National Chairman, Moses Cleopas,
and Barr. Ikenna Alex-Morgan Enekweizu, National Secretary, the primaries are confirmed to take place across the nation on May 29, 2026, adhering to the previously established timetable of May 28 and 29.

Politics

APC: Fubara Has Been Treated Badly, It’s Dangerous For Tinubu – Otubanjo

Published

5 minutes ago

May 28, 2026

Editor

The director of research at the Nigerian Institute of International Affairs, Femi Otubanjo, has said the treatment of Rivers State Governor, Siminalayi Fubara, in the just concluded All Progressives Congress’, APC, primary poses political danger to President Bola Tinubu.

Otubanjo stated this on Thursday while speaking on Arise Television’s Morning Show, where he also criticised the role being played by the Minister of the Federal Capital Territory, Nyesom Wike, in the political affairs of Rivers State and the All Progressives Congress.

According to him, the handling of Fubara’s political crisis remains one of the most surprising developments in Nigeria’s political landscape.

Otubanjo further argued that Wike, who is not a member of the APC, appears to be dictating political activities within the ruling party in Rivers State.The research director warned that the current political arrangement in Rivers State could negatively affect Tinubu politically, insisting that Wike was pursuing his personal agenda rather than that of the president.

He said: “The treatment of Fubara must be one of the American wonders of Nigerian politics. Fubara has been badly treated. We have a situation in which Nyesom Wike who is not even in the APC is taking the primary decision in the APC. I hope the tactical team of President Bola Tinubu is not sleeping.

“The reality is that what they have done is very dangerous for Tinubu. What has emerged in Rivers today is that Wike is pursuing his own agenda, not Tinubu’s agenda inspite of PBAT and all of that combination.”

“If Wike really wants to pursue Tinubu’s agenda, he must retain Fubara.”

Politics

In Defence Of Khalifa Jarrett Tenebe: The Generational Shift Reshaping Edo Politics

Published

20 hours ago

May 27, 2026

Editor

By DAN Osa-Ogbegie

For decades, Edo politics remained trapped within a narrow and predictable cycle of political recycling. The same ageing actors moved endlessly from one office to another, from one administration to the next, and from one political alignment to another, as though leadership in Edo State had become the exclusive inheritance of a permanent political aristocracy.

Meanwhile, thousands of intelligent, energetic, and capable young Edo people watched helplessly from the margins while opportunities for leadership, governance, party administration, and public service remained tightly controlled by individuals whose political relevance dated back several decades.

That unhealthy political culture is now gradually changing.

Today, one of the most important political transformations taking place within the All Progressives Congress in Edo State is the deliberate transition from recycled political gerontocracy to a younger generation of political actors. That transition is unfolding under the leadership of Senator Monday Okpebholo, Governor of Edo State and Leader of the APC in Edo State, together with the State Chairman of the party, Khalifa Jarrett Tenebe.

Predictably, such a shift has unsettled entrenched interests.

Those who became accustomed to monopolising political relevance naturally feel threatened by the emergence of a younger generation that is increasingly assertive, visible, influential, and institutionally empowered. Yet, history teaches a simple lesson: no political structure survives indefinitely without renewal.

No serious political party can continue recycling the same exhausted political machinery forever while expecting innovation, grassroots energy, modern governance ideas, and long-term political sustainability.

That reality appears to be clearly understood by Governor Monday Okpebholo and Khalifa Jarrett Tenebe.

Much of the criticism unfairly directed at Khalifa Jarrett Tenebe in recent times stems from the fact that he has become one of the visible faces of this generational transition within Edo APC. Beneath the noise, propaganda, and political bitterness lies an undeniable truth: the party is consciously opening spaces for younger people in ways not seen for many years.

From the youthful Deputy Chairman of APC in Edo State, Sylvester Aigboboh, to several younger commissioners, Special Advisers, members of the State Executive Council, board chairmen, local government administrators, and strategic appointees across government, the evidence of deliberate political renewal is becoming increasingly impossible to ignore.

In Uhunmwode Local Government Area, Hon. Austin Imafidon has emerged as one of the young faces of focused governance and grassroots administration. Beyond politics, he has already established himself successfully in business, bringing into governance the mindset of productivity, enterprise, and modern administrative engagement.

In Etsako, Hon. Sunny Ekpeson has continued to attract national attention as the youngest ALGON Chairman in Nigeria, representing a clear departure from the era where local government leadership was treated as the permanent preserve of ageing political operators disconnected from younger demographics.

In Ikpoba-Okha Local Government Area, Hon. Eric Osawaru represents another example of the younger political generation now entrusted with leadership responsibilities, while in Oredo Local Government Area, Engr. Gabriel Iduseri equally reflects the growing confidence being reposed in younger administrators within the APC structure.

In Owan, Hon. Aitalegbe Ernest, popularly known as “China Boy,” has also emerged as one of the prominent young political figures gaining traction as the incoming Chairman of the local government, further reinforcing the expanding generational transition currently taking shape across Edo State.

The same pattern is visible across government institutions and strategic agencies.

Pastor Stanley Dave Ighodaro, a successful entrepreneur with thriving business interests in Europe, now heads the Edo State Parks and Gardens Agency. His emergence reflects an increasingly important shift towards bringing professionally exposed and globally minded younger individuals into governance and public administration.

Similarly, Kassim Otono, who serves as Special Adviser on Oil and Gas to the Executive Governor of Edo State, represents another example of younger technocratic involvement within the present administration. His inclusion within such a strategic sector underscores the growing confidence being placed in younger professionals and politically aware technocrats within government.

This is how enduring institutions are built.

A political party that refuses to regenerate itself eventually becomes intellectually stagnant, structurally weak, and electorally disconnected from evolving social realities.

Governor Monday Okpebholo deserves commendation for recognising that governance in a rapidly changing society cannot remain permanently tied to political methods and leadership assumptions developed several decades ago. Contemporary governance demands adaptability, technological awareness, stronger grassroots engagement, administrative energy, and a deeper connection with younger populations.

Khalifa Jarrett Tenebe equally deserves credit for helping stabilise the party while managing this difficult but necessary transition process. Generational shifts are never easy within political systems historically dominated by established interests. Resistance is inevitable. Political resentment is expected. Internal anxieties naturally emerge whenever old monopolies begin to weaken.

Leadership, however, requires courage.

The recently concluded primaries further revealed this evolving direction within the APC. The emergence of candidates such as Rt. Hon. Omoregie Ogbeide-Ihama, Osazee Igbinovia, Dr. Emmanuel Paddy Iyamu, Omosede Igbinedion, Sir Lucky Eseigbe, and Odianosen Okojie reflects a growing political philosophy that increasingly values capacity, grassroots relevance, contemporary appeal, and generational continuity.

Equally symbolic is the emergence of several young Acting Local Government Council Chairmen who are now candidates of the party in the forthcoming local government elections. That development sends a powerful message across Edo State that political participation is gradually becoming more accessible to younger people with competence, commitment, and organisational value.

For too long, many young people in Edo politics were reduced to political spectators, social media defenders, praise singers, or election-day foot soldiers while actual power remained tightly guarded elsewhere. Such a model was never sustainable.

A society that continuously sidelines its younger generation ultimately weakens its own political future.

The ongoing transition within Edo APC does not amount to hostility towards elders or experienced political actors. Experience remains valuable. Elder statesmen still possess institutional memory and political wisdom that younger actors can benefit from immensely. Mentorship, however, must never become political suffocation. Guidance must never evolve into permanent political domination.

Every generation deserves the opportunity to participate meaningfully in shaping the future it will eventually inherit.

That is precisely why the current direction of the APC leadership in Edo State deserves objective acknowledgement rather than emotional hostility.

Many of those attacking Khalifa Jarrett Tenebe today are not truly angry about party administration. Their deeper discomfort arises from the reality that political influence is gradually shifting away from old centres of control towards a newer generation of actors who may no longer depend entirely on traditional political gatekeepers for relevance or survival.

Societies evolve.

Political cultures evolve.

Leadership itself evolves.

No generation owns political power forever.

Ultimately, the future of Edo State cannot be built exclusively around recycled political veterans whose greatest political moments belong largely to the past. A forward-looking society must continuously create room for younger leadership, newer ideas, fresh administrative energy, and modern political thinking.

That future is already unfolding within the APC in Edo State.

History may eventually remember Khalifa Jarrett Tenebe and Governor Monday Okpebholo as central figures in the difficult but necessary political transition that began moving Edo away from recycled political dominance towards a broader and younger leadership culture capable of preparing the state for a different era.

Daniel Aroren Noah Osa-Ogbegie is a Benin based legal practitioner and public intellectual from Uhunmwode Local Government Area.