Headline

Electoral Act: Lawyer Gives Reason APC Convention May Be Nullified

Published

4 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

Africa Coups: 10 In Five Years

Published

23 hours ago

December 7, 2025

Editor

A military coup attempt in Benin Sunday adds to a list of such incidents on the turbulent African continent.
A group of soldiers announced that they had ousted President Patrice Talon, although his entourage said he was safe and the army was regaining control.

Here is a recap of the 10 successful coups in Africa in the last five years:

Mali

Malian President Ibrahim Boubacar Keita is overthrown by five army colonels in August 2020.

In May 2021, the Malian military takes over from the civilian leaders of an interim government.
Colonel Assimi Goita, who led both coups, is sworn in as transitional president.

After promising to hold elections in February 2024, the military puts them off indefinitely, pointing to the jihadist violence plaguing the country.

In July 2025, Goita approves a law granting himself a five-year presidential mandate, renewable without election.
In September jihadists launch a fuel blockade, weakening the ruling junta.

Guinea

On September 5, 2021, mutinous troops led by lieutenant-colonel Mamady Doumbouya take over in Guinea, arresting President Alpha Conde.

Doumbouya in early November 2025 submits his candidacy ahead of December 28 elections that are meant to restore constitutional order.

Sudan

After weeks of tension between the military and civilian leaders who had shared power since the ousting of dictator Omar al-Bashir, the armed forces led by army chief Abdel Fattah al-Burhan stage a new coup on October 25, 2021.

Since April 2023 war has raged between the regular armed forces led by Burhan and the paramilitary Rapid Support Forces, led by his former deputy Mohammed Hamdan Daglo.

The conflict has so far killed tens of thousands of people and created one of the world’s worst humanitarian crises.

Burkina Faso

Burkina Faso underwent two military coups in 2022.

In January that year mutinous soldiers led by Lieutenant-Colonel Paul-Henri Sandaogo Damiba arrest President Roch Marc Christian Kabore.

Then in September army officers announce they have dismissed Damiba. Captain Ibrahim Traore becomes transitional president, but elections he promised do not materialise. In May 2024 the junta authorises him to stay for another five years in a country wracked by Islamist violence.

Niger

On July 26, 2023, members of the presidential guard overthrow Niger’s President Mohamed Bazoum, elected in 2021. General Abdourahamane Tiani, head of the presidential guard, takes over.

In March 2025, the junta extends by at least five years its transitional leadership of the country which is plagued by jihadist violence.

Gabon

In Gabon, ruled for 55 years by the Bongo family, army officers on August 30, 2023 overthrow President Ali Bongo Ondimba, less than an hour after he is declared winner of an election the opposition says was fraudulent.
General Brice Oligui Nguema is named transitional president.

In April 2025 he is elected president with 94.85 percent of the vote. He is sworn in on the basis of a new constitution approved by referendum during the transition.

Madagascar

In October 2025, the military ousts Madagascar’s president Andry Rajoelina and takes power following weeks of “Gen Z” anti-government protests.

Army colonel Michael Randrianirina is sworn in as Madagascar’s new president, promising elections within 18 to 24 months.

Guinea-Bissau

In November 2025, military officers in Guinea-Bissau declare they have “total control” of the coup-prone west African country, closing its borders and suspending its electoral process three days after general elections.

The military says a command “composed of all branches of the armed forces” is taking over the leadership of the country “until further notice”.

Headline

Benin Republic Presidency Breaks Silence On ‘Military Takeover’

Published

1 day ago

December 7, 2025

Editor

Benin Republic military
Military personnel in Benin on Sunday said they had ousted President Patrice Talon, but the Presidency said he was safe and the army was regaining control.

Talon, 67, a former businessman known as the “cotton king of Cotonou,” is due to hand over power in April next year after 10 years in office marked by strong economic growth and rising jihadist violence.

West Africa has seen several coups in recent years, including in Niger, Burkina Faso, Mali, Guinea, and most recently Guinea-Bissau.

Early on Sunday, soldiers calling themselves the “Military Committee for Refoundation” (CMR) said on state television that they had met and decided that “Mr Patrice Talon is removed from office as president of the republic.”

The signal was cut later in the morning.

Shortly after the announcement, a source close to Talon told AFP the president was safe.

“This is a small group of people who only control the television. The regular army is regaining control. The city (Cotonou) and the country are completely secure,” they said.

“It’s just a matter of time before everything returns to normal. The clean-up is progressing well.”

A military source confirmed the situation was “under control” and said the coup plotters had not taken Talon’s residence or the presidential offices.

The French Embassy reported on X that “gunfire was reported at Camp Guezo” near the president’s official residence in the economic capital and urged French citizens to remain indoors.

Benin has a history of coups and attempted coups.

Talon, who came to power in 2016, is due to end his second term in 2026, the constitutional maximum.

The main opposition party has been excluded from the race to succeed him, leaving the ruling party to compete against a so-called “moderate” opposition.

Talon has been praised for driving economic development but is often accused of authoritarianism.

(AFP)

Headline

JUST IN: Soldiers Announce Military Takeover Of Govt In Benin Republic

Published

1 day ago

December 7, 2025

Editor

A group of soldiers appeared on Benin’s state television on Sunday to announce the dissolution of the government in what is being described as an apparent coup, marking yet another power seizure in West Africa.

Identifying themselves as the Military Committee for Refoundation, the soldiers declared the removal of the president and all state institutions.

President Patrice Talon, who has been in office since 2016, was scheduled to leave office next April after the presidential election. His party’s preferred candidate, former Finance Minister Romuald Wadagni, had been widely viewed as the frontrunner. Opposition candidate Renaud Agbodjo was disqualified by the electoral commission on the grounds that he did not have “sufficient sponsors.”

The takeover comes a month after Benin’s legislature extended the presidential term from five to seven years while retaining the two-term limit.

(AFP)