Politics

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

Published

2 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

Rivers Crisis: Clark Asks PDP, APC Chairmen To Caution Wike

Published

7 hours ago

May 20, 2024

Editor

Elder statesman and national leader of the Pan-Niger Delta Forum, Chief Edwin Clark, has asked the acting National Chairman of the Peoples Democratic Party, Umar Damagum, and the National Chairman of the All Progressives Congress, Abdulahi Ganduje, to dissociate themselves from the alleged attempt by the Minister of the Federal Capital Territory, Nyesom Wike, to bring down the government of Rivers State Governor, Siminalayi Fubara.

Clark made the call in a letter dated May 20, 2024 and addressed to both party chairmen.

The letter was made available to The PUNCH on Monday

According to him, the letter was in the interest of peace and stability in the country, adding that the support given to Wike by both men resulted in the attempt to topple the Fubara-led administration.

“I am therefore appealing to you, in the interest of peace and stability in Nigeria to disassociate yourselves from plan by Wike for no just cause to bring down the government of his successor, Governor Fubara.

“I strongly advise both of you to retrace your steps and take charge of your political parties in Rivers State and not leave it for Wike who is neither PDP nor APC.

“The support given to Nyesom Wike by both party’s chairmen has made him courageous enough to intimidate and anger the Rivers State Governor and government and this is seen as an act to overthrow the duly elected Governor, which is criminal”, the letter read.

He faulted the Chairman of the APC for relating with the Caretaker Committee in the state, whom he alleged Wike appointed under the former Chief of Staff to ex-Governor Rotimi Amaechi, Chief Tony Okocha, after the legitimate Chairman, Emeka Beke, was suspended.

“One may be tempted to ask the National Chairman of the APC why he chose to deal with a caretaker committee of APC which the Minister of FCT, Nyesom Wike, had earlier presented the committee to him in the APC secretariat in Abuja, before constituting it as a caretaker committee.

“But curiously, you now deal with a caretaker committee instead of the elected Chairman. I hope you are aware of the court action filed against you and APC by the elected Chairman of APC in Rivers State, Emeka Beke. The old APC members by law are the APC leaders because they were never removed before the illegal caretaker committee was imposed on Rivers State, who are loyalists to Wike.”

The Ijaw leader similarly questioned the PDP Chairman’s knowledge of the FCT Minister’s anti-party activities, by seeking court injunctions against certain party chieftains, to prevent them from attending the National Executive Council meeting of April 18, 2024.

“Ambassador Damagum cannot honestly claim to be unaware of the grave anti-party activities being executed by Wike when he (Wike) secretly took court injunction against founding and senior members of PDP and senior officials from Rivers State like the former National Chairman of PDP Prince Uche Secondus, His Excellency Celestine Omehia, former Governor of Rivers State, Austin Okpara who was Deputy Speaker of the House of Representatives in Abuja, Dr Abiye Sekibo, former Minister of Transportation, Sen Lee Maeba, etc to prevent them from attending the PDP NEC meeting of 18th April 2024.”

Clark therefore asked the party chairmen to caution Wike and to withdraw from what he described as the “madness of politics” of Rivers State while alleging that both men were equally involved in the crisis.

“As a patriotic old statesman, I strongly believe that I should address this letter to you to call to order FCT Minister, Chief Nyesom Wike because he is dancing naked in the open market in the politics of madness in Rivers State with one leg each in the two parties.

“I know both of you are fully aware of and involved in the political crisis in Rivers State, which is caused by Wike, who is controlling the two parties in Rivers State, particularly the PDP. I strongly advise both of you to withdraw from the madness of politics of Rivers State to avoid the dangerous crisis facing Rivers State, one of the most important states producing the resources used to sustain the economy of this country,” he added.

Politics

Edo Guber: Obaseki Inaugurates PDP Gov’ship Campaign C’ttee For Oredo, Boasts ‘We Play Politics Of Evidence, Achievement’

Published

9 hours ago

May 20, 2024

Editor

…targets 40,000 new votes

Governor Godwin Obaseki of Edo State has boasted that his government plays politics of evidence amd achievement, not lies or propaganda.

The Governor boasted at the inauguration of over 200 members of the Peoples Democratic Party (PDP) Campaign Committee for Oredo Local Government Area (LGA) for the September 21 2024 Governorship Election in the state.

The governor, while inaugurating the Campaign Committee at the Party’s Secretariat along Airport Road in Benin City on Monday, noted that his administration’s performance over the last seven and a half years will guarantee the party’s victory in the forthcoming guber poll.

He described Oredo as the barometer of politics in the State, noting that the party was presenting the best and most qualified candidate with the know-how to sustain the State’s growth trajectory.

He said, “We are changing the politics in Oredo to ensure the voters’ turnout is high as against the low turnout recorded before. Our pensioners will not vote for people that will eat their money.

“Our campaign is based on what we have done and achieved in the last seven and half years. We have done well in terms of infrastructure, schools, health, sports, and other areas.

“We have the best candidate in this election and will support him as he is not new. He knows what to do to continue from where we will stop. We all must participate in this election as it’s for the future of our youths.”

Obaseki continued: “The Committee that we are inaugurating today is to manage the election, and we must focus on the units. In the last election, INEC created new units and people can’t find their new units. We should help people find their new units.

“Help and make sure all those young people that don’t have PVCs register and get their own. This election is for the youth and our future. It’s to show the young people and assure them that hope is not lost as we have brought the right candidates in this election to support what we have done and to ensure it continues.

“We have a 30-year development plan that will guide Edo State and Asue Ighodalo knows what to do. He is an experienced manager of men and materials. He will not go through what I went through.”

The governor added, “I have laid the foundation and he will build on it. I worked to build the foundation and system and we have achieved that today. I will not leave you but will give you all the support you need to succeed in your assignment.

“I am here to launch the campaign team and support you. We will give you all the list of roads we have done and our achievements. We know we will win but are concerned about the landslide victory in this election. I formally inaugurate the Oredo Campaign Committee for the forthcoming governorship election scheduled for the 21st of September, 2024.”

The Director General (DG) of Oredo Federal Constituency, Raymond Enogieru said politics is all about results, noting that “this is not a time to experiment.”

A party leader in the Council area, Edose Ebonwonyi said Oredo is special in the political landscape of the State, adding, “We will not make excuses but deliver our candidate, Dr. Asue Ighodalo in the forthcoming governorship election in Edo State.”

Politics

Edo Guber: Ex-Speaker Rejoins APC With Over 2000 Followers

Published

1 day ago

May 20, 2024

Editor

A Former Speaker of the Edo State House of Assembly, Francis Okiye, rejoined the All Progressives Congress.

The former Speaker had resigned his membership of the People Democratic Party on May 10, assuring that he would announce his next political move in the coming days.

Speaking at a rally in Edo Central, he said that about 2500 people moved to APC in Esan West, Esan Central, Esan North East, Esan South East and Igueben.

He said, “About 2500 people from Labour, PDP joined the APC on Sunday. Prior to today (Sunday), we had met, discussed and asked Governor Godwin Obaseki led PDP government to address the issue of alienation, disillusionment and high handedness and despotic tendencies.

“Nothing has been done to address the issue, so we the “aborigine” PDP, have just given the Obaseki led PDP a red card.

When asked how his return to APC will help the party, he said, “My movement to APC will help the party and I will be simple with my analysis.

“In a democracy, votes matter. So my exit from PDP is a minus to the party whether anybody likes to interpret other wise. If they are Democrats, they will know that at least they have lost my vote not to talk of many others that moved with me to APC.

“With what happened today, they have lost a minimum of 500 votes and these 500 people also have people they can convince to work for APC.

“We will begin the house to house campaign soon and let people know why they must leave PDP and join in the APC. They musy vote a candidate that is humane and not business people who are in the state to make profit,” he added.