Politics

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

Published

3 years ago

April 10, 2022

Editor

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

Osun LG Crisis: INEC To Relocate CVR Centres, Releases Gov Poll Timetable

Published

14 hours ago

August 13, 2025

Editor

The Independent National Electoral Commission in Osun State said it will relocate registration points for the forthcoming Continuous Voter Registration exercise from local government secretariats currently under lock.

Osun LG secretariats have been shut since February 17, 2025, due to a tussle between the Peoples Democratic Party and the All Progressives Congress over control of councils.

The APC had claimed that the February 10, 2025, decision of the Court of Appeal, Akure, had returned its candidates elected in the October 15, 2022, local government elections, but sacked by the Osogbo Federal High Court in December 2022.

But the PDP insisted that the officials who emerged on February 22, 2025, are legally recognised to manage the affairs of council areas in the state.

Speaking during a stakeholders’ meeting in Osogbo, the state capital, on Wednesday, the Resident Electoral Commissioner, Dr Mutiu Agboke, said the affected INEC offices had been identified and would be moved to alternative locations to ensure the CVR proceeds without disruption.

Agboke said, “The CVR will start on the 18th day of August, 2025, with online registration.

“By this, the prospective registrant will visit www.cvr.inecnigeria.org to supply the necessary information about himself or herself.

“Thereafter, he or she will generate a slip to take to INEC local government office within his place of residence.

“Later on the 25th of August 2025, the registrant will visit the local government office for his or her biometrics, i.e the fingerprint and the facial.

“INEC offices located inside local government secretariats are not shut down.

“However, INEC has harvested the number of those local government offices. We want to bring them out of the LG secretariats. We are working on that. Our headquarters had requested for their details and we have forwarded to them.”

Agboke also announced that activities for the August 8, 2026, Osun governorship election have officially begun, with notices posted in all INEC LG offices.

Party primaries are scheduled between November 24 and December 15, 2025, while submission of candidates’ particulars will run from January 15 to February 9, 2026.

He stated, “This is necessary to enable political parties democratically nominate candidates for the election as required by section 84 of the Electoral Act, 2022. The submission of forms EC9 ( personal particulars of candidates) and EC9B (Names/list of nominated candidates) online at the nomination portal of the commission at 9 am on the 15th day of January, 2026, to 6 pm on the 9th February 2026.

“Access code for the submission of nomination forms shall be available for collection on 15th December, 2025, at the headquarters of the commission. I implore all the political parties and other stakeholders to follow the timetable for the 2026 Governorship Election for Osun State with a view to tracking the various activities contained therein. Copies of the timetable shall be made available to the political parties at this meeting in a short while. The 2026 Governorship election shall be conducted on the 8th day of August,2026.”

He appealed to political parties and other major stakeholders to work against the menace of vote buying, saying the electorate should be educated not to sell their votes.

The REC also called on all stakeholders to continue supporting INEC in the state for it to deliver a credible election, noting that the commission alone cannot deliver a peaceful and successful election without their cooperation.
(PUNCH)

Politics

JUST IN: Total Loyalty Non-negotiable, PDP Tells Members

Published

15 hours ago

August 13, 2025

Editor

The Peoples Democratic Party has warned that it will not tolerate disloyalty from any member, stressing that total commitment to the party’s cause is non-negotiable.

Speaking at a press conference in Abuja on Wednesday, PDP National Publicity Secretary Debo Ologunagba said the party will rely on its constitution to ensure members remain committed to its cause.

Responding to a question about the recent conditions set by the Minister of the Federal Capital Territory, Nyesom Wike, for the success of the November 15 and 16 National Elective Convention, Ologunagba emphasised that the PDP is about the people, not any individual.

He said, “We have zero tolerance for anti-party activities. We expect and demand total loyalty from all our members. Anything short of that will not be tolerated, and we shall invoke the relevant sections of the party’s constitution to enforce this.”

Details shortly…

Politics

By-Election: APC Correcting PDP 8 Years Of Underdevelopment In Edo, Days Idahosa

Published

2 days ago

August 12, 2025

Editor

The deputy governor of Edo State, Hon. Dennis Idahosa says the Monday Okpebholo-led All Progressives Congress (APC) administration in the state is correcting the eight years wrong of the Peoples Democratic Party (PDP) in the state.

Idahosa, however, urged more support for the administration and the APC to attract more developmental projects across the nook and cranny of the state.

Idahosa made this statement when the campaign train stormed Usen and Ugbogui wards of Ovia South West Local Government Area.

He urged the people to come out enmass to exercise their civic duty on Saturday in support of the APC candidate, Hon. Omosede Igbinedion.

Idahosa said support for the party would mean more developmental projects for the area that had lacked same from the immediate past administration of the PDP.

“The present APC government led by Sen. Monday Okpebholo is the one that has started transforming your area within nine months in the office.

“He can only do more with your support, especially by voting for his party’s candidate on Saturday,” he pleaded.

On her part, the APC candidate, Omosede Igbinedion, promised to synergise with the governor his deputy to attract more developmental projects to the constituency.

Similarly, the state’s Commissioner for Education, Paddy Iyamu, said the government has put measures in place to ensure no students is sent home for want of school fee.

According to him, the state government has concluded plans to pay bursaries for students while market women would enjoy soft loans.

Meanwhile, Elawure of Usen, Ovia south west local government ,have advised Politicians to be united in their pursuit of common goal of delivery dividends of democracy to the people.

Oluogbe II gave this advise when he received the campaign team of the All Progressives Congress (APC) led by the state deputy governor, Hon. Dennis Idahosa.

The traditional ruler expressed joy in the unity between Idahosa and the APC candidate for the Ovia federal constituency bye-election scheduled Saturday, Hon. Omosede Igbinedion.

He noted that the present unity and synergy between the former political foe would bring nothing but victory for their party, as well as development to the people of the federal constituency.