Politics

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

Published

2 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

Edo Guber: PDP BoT Member, Idahosa Resigns From Party

Published

9 hours ago

April 29, 2024

Editor

Ahead of the September 21 governorship election in Edo State, a member of the Board of Trustees of the Peoples Democratic Party (PDP), Mr. Charles Idahosa, has resigned from the party.

A letter dated April 29, 2004 and titled ‘Letter of Resignation’, was
addressed to the chairman, PDP, Ward 1, Ehor, Uhunmwode Local Government Area of Edo State.

Mr. Idahosa, popularly called Charlie Temple by his supporters, wrote that he was formally announcing his decision to resign from both the PDP and his role as a member of the Board of Trustees (BoT).

The former Senior Political Adviser to immediate past governor of Edo State, Senator Adams Oshiomhole, however silent on his next move.

Mr. Idahosa remarked that as a representative of the South South Nigerian, the decision came after considerable contemplation and reflection on his personal and political journey.

The top member of the main opposition party, who fell out with Governor Godwin Obaseki over the 2024 governorship ticket of the party, wrote that throughout his tenure within the PDP, he was privileged to contribute to its vision and mission.

He added: “However, after careful consideration. I believe it is time for me to pursue new paths and opportunities beyond the party’s confines.”

The Letter partly reads: “I wish to express my sincere gratitude to the PDP community support and camaraderie during my time of service.

“I remain committed to upholding the values and principles that have guided my political engagement thus far. I look forward to new avenues of growth and contribution, and I extend my best wishes to the PDP as it continues its important work.”

Politics

JUST-IN: PDP Clears All 33 LGA Chairmanship Seats In Oyo

Published

1 day ago

April 28, 2024

Editor

The Oyo State Independent Electoral Commission (OYSIEC) has declared all the 33 candidates of the ruling Peoples Democratic Party (PDP) winners in the local government areas elections conducted across the state on Saturday.

The declaration on Sunday came amid controversy of irregularities as echoed by the main opposition All Progressives Congress (APC), which alleged irregularities in the voting process.

The APC in the state while the exercise was ongoing on Saturday had described the election as a sham which it noted was capable of causing the Pacesetter state untold disrepute if allowed to stand.

The opposition party then sought the rescheduling of the election for another day when OYSEIC “is ready to conduct a free, fair and credible poll.”

Oyo State APC Publicity Secretary, Olawale Sadare, in a statement regretted that “another opportunity to deepen democracy and return power to the people at the grassroots has had to be missed due to the insensitivity and insincerity on the part of the ruling class in the state.

“With what is happening at the moment in most Polling Units across the state, Gov. Seyi Makinde has again disappointed the whole world. He promised the people that their votes would count today but the opposite is the case. The good people of the state desired to participate in an election to elect a new set of council officials but what they are experiencing is nothing but a sham.

“Even if OYSIEC comes out later to declare all the candidates of the APC, we would not rate this election as credible and acceptable as it falls below the minimum global standard of election conduct. The best thing is for the Commission to suspend the exercise and choose another date for a proper conduct rather continue to connive with a few anti-democratic elements in the ruling PDP to perpetrate electoral fraud and desecration of democracy in the land,” the statement read in part.

The Oyo state government however disagreed, insisting that the victory of all PDP candidates in the Saturday’s elections was predictable.

The state Commissioner for Information, Prince Dotun Oyelade, after the announcement of the results, attributed the victories of the PDP candidates to outstanding performance of Governor Makinde in the last five years.

The Commissioner also attributed the election result to the quality of the candidates which the ruling party presented.

“This is a glowing tribute to the governor and his government as this is the last election under his watch till 2027 when he and the just elected LG chairmen and councillors will end their tenures.”

He lashed out at the opposition for starting to rehearse their complaints barely 30 minutes to the commencement of the elections as early as Saturday morning.

Oyelade charged them to behave like sportsmen and stop mixing fantasy with democracy.

The Commissioner hailed the commitments of the security team, the OYSIEC chairman and his team for daring to make a difference after the challenges of the past two local government elections.

Politics

Ondo 2024: lT Expert Emerges As SDP Candidate

Published

2 days ago

April 28, 2024

Editor

An Information Technology expert, Dr. Segun Oyebolu, weekend emerged the governorship candidate of the Social Democratic party, in Ondo state.

Oyebolu, will be the party’s flagbearear in the November 16, governorship election in the state.

He emerged during the party’s governorship primary held in Akure, Ondo state capital.

The election, was supervised by the officer of the Independent National Electoral Commission (INEC) and security agencies.

Speaking at the end of the exercise, the Chairman of the partys primary committee in the state, Joseph Abu, declared Oyebolu as winner

of the exercise having polled 59 votes of the 60 votes cast by the party’s delegates.

Abu who explained that one of the votes was voided, described the election as free and fair and devoid of any rancour or any trouble.

He said that “We have a single candidate and all the delegates voted for the candidate.

” I want to assure you that SDP will win the next governorship election in the state come November by the grace of God.

“I want to thank the people of Ondo state for embracing our party and I am assuring them that SDP will deliver dividend of democracy at their doorsteps.

In his acceptance speech, Oyebolu, assured that his government will focus in freeing the state from the vested interest that had contributed to the underdevelopment in the state.

Oyebolu said that “enough is enough, we are taking our state back”.

“This is therefore a notice to Governor Ayedatiwa to start parking his bags and baggages as our dear Ondo State prepares to replace him with SDP.

“We are duly set to uproot the APC from Ondo State Government House. This is therefore your quit notice served in advance.

“For many of our people yearning for a new day and a new hope – My administration will bring back the good, old days.

“The many destructions wrought on us as a people shall end and in November 2024, SDP shall indeed begin the emancipation of the South West.

” I want to reassure you that the days ahead will witness challenges which collectively we shall overcome as we prepare to return power and comfort to our people”

According to him, SDP is a better alternative to the Peoples Democratic Party (PDP) and the ruling All Progressives Congress (APC) in the state.

He said the ruling party in the state had not changed the lives of the people for better but said the SDP was ready to find solution to the problems of Ondo State if voted to power in the November governorship election.

He noted the current economic crisis facing the people of the state was as a result of the maladministration and ineffective leadership on the part of the party in power in the state.

“We are here today to signal a completely new path, new way and new mindset. What you may call a shift from the unrealisable transformation programme of the APC.

“Our party seeks new way and better alternative entrenched in integrity of managing people, infrastructure and economy for people’s empowerment and emancipation,” he said.

He expressed assurance that the party would defeat the APC and PDP to win the governorship election, said the party is ready to work for the people of the state to rebuild and reposition the state.

The National Secretary of SDP, Dr. Olu Agunloye, while reacting to the primary exercise said “the issue at stake in Ondo State is about ensuring a breakthrough to take the State from its present moribund state to become a prosperous model state.

“This is by leveraging on its abundant human and natural resources, not about the despicable struggle for the purse strings of the State to perpetuate further underdevelopment because of personal interests and unethical agenda.

“In our great Party, the Social Democratic Party we are focused on efforts to move the State forward to social justice, peace, progress, and prosperity”