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Electoral Act: Lawyer Gives Reason APC Convention May Be Nullified

Published

3 years ago

March 19, 2022

An Abuja-based lawyer, Kayode Ajulo, has warned the ruling All Progressives Congress against allowing political appointees to vote during its convention.

In a statement on Saturday, Ajulo described the court judgment on Section 84(12) of the Electoral Act, 2022 as a “booby trap” for APC.

The Federal Government of Nigeria had announced plans to implement the court judgement allowing political appointees to run for office without resigning.

This came hours after a Federal High Court sitting in Umuahia, on Friday, nullified Section 84(12) of the newly amended Electoral Act, saying it violated the provisions of the Constitution, the Federal Government

The Senate had earlier unanimously rejected Electoral Act Amendment Bill sent by the President, Major General Muhammadu Buhari (retd.).

However, elected officers including governors, deputy governors, the Vice-President and members of the National Assembly and the state legislature will be allowed to contest and participate in the primaries.

Section 84(10) of the Act specifically reads, “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.”

However, Ajulo noted that the judgment of the court is per incuriam, adding that political appointees are not public servants.

He said, “Let us get a point clear, it is undoubted that Courts of Superior record by virtue of Section 6 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), have the power to declare an Act of the National Assembly unconstitutional, null and void to the extent of its inconsistency.

“Moreso, a plethora of authorities have established the principle that where a provision of an enactment by the legislature conflicts with the express provision of the Constitution, the said extant law shall be declared null and void. That is the essence of S1(3) of the 1999 constitution as Amended. It provides that “If any other law is inconsistent with the provision of this constitution, this constitution shall prevail, and that other law shall, to the extent of the inconsistency, be void”

“It is however instructive to note that in cases where legislation is contested for being in conflict with provisions of the Constitution, the courts have only one duty: “to lay the article of the Constitution which is invoked beside the statute which is challenged and to decide whether the latter squares with the former… See the cases of U.S. v. Butler et al (1936) 297 U.S 1 (and Marwa & Ors v. Nyako & Ors (1980) LPELR-2936 (SC).

“In the case under review, the learned trial judge noted that the provision of Section 84 (12) of the Electoral Act is inconsistent with the provision of Sections 66 (1) (f), 107(1) (f), 137 (1) (f) and 182 (1) (f) of the Constitution.

Suffices to state that a pensive justapoxing of the Sections of the Constitution relied upon by the learned trial judge require persons employed in the public service of either the federal government or state governments.

“Based on the doctrine of judicial precedents, it is quite apposite that the Appellate Court will set aside the decision of the trial court.

“For those who have mind to think, the perdurable questions to ask include:
Why was the suit filed in far away Umaiha, Abia State? Why were the National Assembly and Independent National Electoral Commission not joined as parties to the suit?

“It is instructive to note that the Peoples Democratic Party including other prominent political parties has concluded its Convention if the All Progressives Congress should rely on the ephemeral judgment of the Court and proceed to permit political appointees to vote and contest at its primaries and conventions, same is a disaster going somewhere to happen.

“What readily comes to mind is the decision of the Supreme Court in Zamfara State where the Apex Court held that there were no validly elected candidates in the various elective position in the state from the APC.”

PUNCH.

Headline

Judge Orders Closure Of Trump’s Controversial ‘Alligator Alcatraz’ Migrant Camp

Published

12 hours ago

August 22, 2025

Editor

A US federal judge on Thursday barred the Trump administration and Florida state government from bringing any new migrants to the detention centre known as “Alligator Alcatraz” and ordered much of the site to be dismantled, effectively shuttering the facility.

Florida’s government swiftly announced it would appeal the decision.

The detention centre was hastily assembled in just eight days in June with bunk beds, wire cages and large white tents at an abandoned airfield in Florida’s Everglades wetlands, home to a large population of alligators.

President Donald Trump, who has vowed to deport millions of undocumented migrants, visited the centre last month, boasting about the harsh conditions and joking that the reptilian predators will serve as guards.

Headline

Japan City Mulls Two-hour Daily Smartphone Limit

Published

12 hours ago

August 22, 2025

Editor

A Japanese city will urge all smartphone users to limit screen time to two hours a day outside work or school under a proposed ordinance that includes no penalties.

The limit, which will be recommended for all residents in central Japan’s Toyoake City, will not be binding, and there will be no penalties incurred for higher usage, according to the draft ordinance.

The proposal aims “to prevent excessive use of devices causing physical and mental health issues… including sleep problems,” Mayor Masafumi Koki said in a statement on Friday.

The draft urges elementary school students to avoid smartphones after 9:00 pm, and junior high students and older are advised not to use them after 10:00 pm.

The move prompted an online backlash, with many calling the plan unrealistic.

“I understand their intention, but the two-hour limit is impossible,” one user wrote on social media platform X.

“In two hours, I cannot even read a book or watch a movie (on my smartphone),” wrote another.

Others said smartphone use should be a decision for families to make for themselves.

The angry response prompted the mayor to clarify that the two-hour limit was not mandatory, emphasising that the guidelines “acknowledge smartphones are useful and indispensable in daily life”.

The ordinance will be considered next week, and if passed, it will come into effect in October.

In 2020, the western Kagawa region issued a first-of-its-kind ordinance calling for children to be limited to an hour a day of gaming during the week, and 90 minutes during school holidays.

It also suggested children aged 12 to 15 should not be allowed to use smartphones later than 9:00 pm, with the limit rising to 10:00 pm for children between 15 and 18.

Japanese youth spend slightly over five hours on average a day online on weekdays, according to a survey published in March by the Children and Families Agency.

Headline

Pope Leo XIV Declares Friday Global Prayer, Fasting Day For Peace

Published

20 hours ago

August 22, 2025

Editor

Pope Leo XIV has declared Friday, August 22, a global day of prayer and fasting for peace, coinciding with the feast of the Queenship of the Blessed Virgin Mary.

The Pope made this announcement on Wednesday during his General Audience in St. Peter’s Square, as reported by Vatican News.

The appeal comes as violence continues to escalate in Ukraine, the Holy Land, and other regions facing armed conflict.

Humanitarian organisations have warned of worsening conditions, with growing numbers of displaced people and civilians caught in the crossfire.

Against this backdrop, the Pope’s call is a spiritual response aimed at awakening both consciences and actions.

“Too many innocent lives are being lost, and too many families are bearing the weight of wars that seem endless.

“We cannot remain indifferent,” Pope Leo said.

He urged the faithful to participate through fasting, prayer, and acts of charity, stressing that these spiritual disciplines are not symbolic gestures alone but catalysts for change.

The chosen date, August 22, coincides with the liturgical celebration of the Queenship of the Blessed Virgin Mary, a feast that honours Mary as a figure of intercession and peace.

By aligning the day with this Marian feast, Pope Leo highlighted the Church’s tradition of entrusting global concerns to Mary’s care.

“Let us ask Mary, Queen of Peace, to help nations rediscover the path of peace. May she intercede for people torn apart by hatred and violence,” he added.

Leaders from conflict zones quickly voiced their support.

Cardinal Pierbattista Pizzaballa, Latin Patriarch of Jerusalem, said, “Prayer is not a magic formula, but it opens hearts where distrust and hatred have grown. It is a step toward rebuilding trust.”

In Ukraine, Bishop Vitalij Skomarovskyj welcomed the initiative as a sign of solidarity, saying, “This call reminds us we are not forgotten. Prayer and fasting have great power; they can change the course of history.”

Alongside his call, Pope Leo reflected on the Church’s teaching that peace cannot thrive on justice alone; it also requires forgiveness.

Drawing from St. John Paul II’s legacy, he said, “True peace cannot exist without justice, but neither can it survive without forgiveness. Forgiveness is not surrender; it is the strength that prevents new wounds.”

This message resonates amid current debates over war reparations, ceasefire negotiations, and transitional justice processes in conflict regions.