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

Court Declines Kachikwu’s Motion Against INEC, ADC Leaders

Published

9 hours ago

October 3, 2025

Editor

The Federal High Court in Abuja on Friday declined to hear an application filed by the African Democratic Congress’ 2023 presidential candidate, Dumebi Kachikwu, against the Independent National Electoral Commission and the Senator David Mark-led leadership of the party.

Justice James Omotosho, in a ruling, refused to entertain the motion.

Kachikwu, through his counsel, Dayo Akinlaja (SAN), had sought an order compelling INEC to withdraw the publication of Mark and Rauf Aregbesola’s names as national chairman and secretary of the ADC, pending the determination of the substantive suit.

INEC had recently recognised Mark, a former Senate President, and Aregbesola, a former Governor of Osun State, as the party’s national chairman and national secretary.

On July 7, Kachikwu and four others – Adikwu Elias, Etimbuk Umoh, Muhammed Khala, and Alaku Godwin William – filed an originating summons challenging the recognition of the duo.

The suit lists INEC, ADC, Chief Ralph Nwosu, Mark, and Aregbesola as the first to fifth defendants.

When the matter was called on Friday, Akinlaja told the court that a motion dated September 19 had been filed. He argued that despite the pendency of the suit, INEC went ahead to recognise Mark and Aregbesola as party leaders.

The plaintiffs asked the court to set aside the recognition and publication of their names, describing it as a breach of the doctrine of lis pendens. They also sought an injunction restraining Nwosu, Mark, and Aregbesola from further relating with INEC as ADC’s national officers.

However, counsel for the ADC, Shaibu Aruwa (SAN), along with other defence lawyers, opposed the application.

After hearing arguments, Justice Omotosho declined to entertain the motion, marked FHC/ABJ/CS/1331/2025.

He said, “This court is not inclined to nullify anything at this stage, whether done before or now. This is a political case. I am not taking any interlocutory matter.”

The judge held that all processes filed by the parties, including preliminary objections, would be taken together with the substantive case.

Despite repeated pleas by Akinlaja for the motion to be heard, the court stood its ground.

Justice Omotosho also granted an application for joinder filed by Nkemakolam Ukandu, the ADC deputy national secretary, and ordered that his name be added as a defendant.

He directed the plaintiffs to file the amended processes within 48 working hours and gave the defence seven days to respond. The case was adjourned till October 23 for hearing.

Politics

Fubara Sacks Commissioners, Others

Published

2 days ago

October 2, 2025

Editor

Rivers State Governor, Siminalayi Fubara, has sacked all commissioners and other public office holders serving in his administration.

The decision, according to a statement issued in Port Harcourt on Wednesday evening by his Chief Press Secretary, Nelson Chukwudi, takes immediate effect and followed the recent Supreme Court judgment.

The governor, during a valedictory session with his cabinet to mark Nigeria’s 65th Independence Anniversary at Government House, Port Harcourt, thanked the outgoing officials for their services and contributions to the state’s development over the past two years.

The statement read in part, “Rivers State Governor, His Excellency, Sir Siminalayi Fubara, has thanked members of his cabinet for their services and contributions to the development of the state in the last two years.

“The governor highlighted the significance of Nigeria’s Independence, and called on all Nigerians to work together with Mr President to build a peaceful, secure and prosperous country and a brighter future for all.

“Furthermore, the Governor has relieved all Commissioners and other public officers affected by the recent Supreme Court judgment of their appointments with immediate effect.”

Fubara also reiterated his commitment to serve the state “with renewed vigour,” while expressing gratitude to Rivers people for their support and wishing Nigerians a happy Independence anniversary.

Recall that the immediate past administrator of the state, Vice Admiral Ibok-Ete Ibas (retd.), upon assumption of office during the emergency rule imposed by President Bola Tinubu, suspended all commissioners, special advisers, and assistants appointed by Fubara. Ibas also dissolved boards and suspended heads of parastatals he met in office.

Since Ibas exited the state on September 18, the fate of Fubara’s appointees had remained uncertain. The Rivers State House of Assembly, at its first sitting after the lifting of the emergency rule, had called on the governor to submit a fresh list of commissioner-nominees for screening, alongside the 2025 budget for passage.

Politics

2027: Crisis Rocks Kaduna ADC Over Power Tussle

Published

2 days ago

October 1, 2025

Editor

The Kaduna State chapter of the African Democratic Congress (ADC) is enmeshed in crisis as a fierce power struggle among leading figures threatens the party’s chances in the 2027 general elections.

ADC stalwart, Malam Salihu Lukman, raised the alarm on Wednesday, warning that the party may not make a meaningful impact at the polls if the internal rift persists.

In a statement, Lukman alleged that some party leaders have aligned with certain aspiring candidates for the 2027 elections to the exclusion of others.

He called on former Kaduna State governor, Malam Nasir El-Rufai, Malam Jaafaru Sani, Alhaji Bashir Saidu, and other opposition leaders in the state to halt what he described as “the madness” of candidates bent on hijacking party structures.

According to him, “anybody who is not ready to work as part of a united opposition in Kaduna State is consciously or unconsciously working for the APC.”

Expressing concern over the infighting, Lukman said his efforts to mediate had largely failed.

“The fact that Senator Musa Bello is aggressively seeking to control structures of ADC in Zone 2 is a reflection of my failure, largely because I am associated with him.

“Senator Lawal Adamu (Mr. La) has avoided all my requests to meet him. I have met Malam Jaafaru Sani on this matter and had discussions with Malam Nasir. Sadly, we are not united, and the perception is that I am part of the problem.”

Lukman stressed that he has no political ambition but remains committed to building a united front. “As a citizen from Kaduna State, I am willing to make every necessary sacrifice to move our state forward. Without sounding immodest, I made every sacrifice to contribute to forming the coalition and negotiating the agreement with ADC.

“May I therefore appeal to Malam Nasir and all our leaders to please seek to unite us. It is only if we are united in ADC that we can unite our people in the state to defeat the APC in 2027. We must bear in mind that it is not just about defeating APC but about producing a government controlled by our party based on collective leadership.

“We need to put an end to the era when we produce emperors as governors. Anything short of a government managed by collective leadership under ADC will be unacceptable.”