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Electoral Act: Lawyer Gives Reason APC Convention May Be Nullified

Published

2 years ago

March 19, 2022

Editor

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

Lady Arrested For Allegedly Harassing, Cyberstalking Crown Prince Of Benin Kingdom [VIDEO]

Published

22 mins ago

May 13, 2024

Editor

Cynthia Morgan has been arrested for allegedly persistently harassing and cyberstalking His Royal Highness, the Crown Prince of the Benin Kingdom. Prince Ezelekhae Ewuare.

According to a lawsuit filed by his team of lawyers, the singer, also known as Madrina, has been desperately trying to reach the Prince and trailing him on his work days.

Frustrated at not meeting him, she allegedly began publishing lies and defamatory statements against him on Instagram from 2020 to date.

According to the court documents, the Crown Prince filed a suit against her, warning her to desist from defaming him, but she ignored all his warnings.

She is also alleged to have attempted to contact him through various phone lines, which he immediately blocked.

She allegedly succeeded in reaching him via phone call on May 3rd, 2024, and began making statements that seemed to come from a place of delusion.

Screenshots of chats allegedly sent by the singer to the Prince have also been released.

A video shared online shows Cynthia being led by men suspected to be police officers out of her home.

Recall that in November 2023, Cynthia publicly accused the Crown Prince of bewitching her and physically assaulting her to prevent her from marrying someone else.

The Crown Prince responded to these allegations on his Instagram story, announcing his intention to file a lawsuit against Cynthia.

At the time, the singer doubled down and shared images of her and the Prince from 2018.

She then promised to share her side of the story.

Watch the video below.

Headline

$2.5bn Fraud: EFCC To Collaborate With UK Prosecutors In Diezani’s Case

Published

10 hours ago

May 13, 2024

Editor

There were signs over the weekend that the Economic and Financial Crimes Commission plans to join forces with the United Kingdom prosecutors as an interested party in the trial of former Petroleum Minister, Diezani Alison-Madueke, in a UK court.

A team from the anti-graft commission is expected in London to initiate this process by filing relevant documents, the Nation reports.

According to a source privy to the information, the EFCC intends to share its findings and the Abuja high court’s forfeiture order concerning Diezani’s $2.5 million properties and vehicles with the UK court.

“This country may not be able to retrieve questionable assets from Diezani if the EFCC does not file an application as an interested party. We have received an advisory on this important bend to Diezani’s trial and we will be part of the case in the UK. A team will leave for London any moment from now to explore legal opportunities and file necessary papers as an interested party.

“The overall aim is for Nigeria to benefit from Diezani’s trial, especially the recovery of all assets linked to funds looted in this country. The EFCC has sufficient evidence against Diezani, including a court order on the former minister’s $2.5 million homes and cars.

“In another case, a former chairman of EFCC confirmed that the commission recovered $153 million and secured the final forfeiture of over 80 properties in Nigeria valued at about $ 80 million. The allegations against Diezani by the EFCC border on the alleged stealing of about $2.5 billion from Nigeria’s coffers as a minister.” the source said.

The source continued, “It is necessary for this nation to rise to the occasion because, in March 2023, the NCA also provided evidence to the US Department of Justice that enabled them to recover assets totalling $53.1 million linked to Mrs. Alison-Madueke’s alleged corruption.

“Like the P&ID case, the EFCC has sufficient evidence to pull through a case against Diezani. We want all stolen, diverted and questionable assets back in the custody of Nigeria for the good use of our citizens.I think the EFCC is collaborating with the NCA in the UK on this.

“It is also unclear if the UK court will ask Diezani to return to Nigeria to serve prison terms if convicted. This is why we also need to be an interested party in the case in the UK.”

Last year, the Head of the NCA’s international corruption unit, Andy Kelly, said the “charges are a milestone in what has been a thorough and complex international investigation”.

“Bribery is a pervasive form of corruption, which enables serious criminality and can have devastating consequences for developing countries.

“We will continue to work with partners here and overseas to tackle the threat.”

Diezani is currently facing trial at the Southwark Crown Court in the UK over an alleged £100,000 bribe.

The National Crime Agency alleged that Diezani could have received benefits worth at least £100,000, including cash, chauffeured cars, private jet flights, luxury family vacations, and multiple London properties.

On October 2, 2023, a Magistrate Court granted bail to the former Minister for £70,000, considering her a potential flight risk.

The trial proceedings for Diezani’s case are scheduled to commence in November 2025.

In October 2023, the Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi, submitted a warrant of arrest and request to the Crown Prosecution Services of the United Kingdom for the urgent extradition of a former Minister of Petroleum, Diezani Allison-Madueke.

Headline

Five-year-old Boy Shot Dead By Hijackers In South Africa

Published

23 hours ago

May 13, 2024

Editor

A 5-year-old boy, Ditebogo Junior, was shot dead after his father’s Toyota Hilux was hijacked outside their home in Soshanguve, in the north of Gauteng, South Africa.

Police spokesperson, Lt-Col Mavela Masondo said that the child had gone out to welcome his father, Ditebogo Phalane, when he arrived home around 10:30pm on Friday, May 10, 2024.

“An unconfirmed number of armed suspects allegedly hijacked the father’s White Toyota bakkie and shot the five-year-old boy who later died in hospital,” Masondo said.

Phalane’s cousin, Gift Makoti took to X to share the heartbreaking news about the boy’s passing.

“My cousin was Hijacked hours ago in Soshanguve block Uu, they took his Bakkie. He was with his son, they shot the 5yr old boy!! He didn’t make it!! What has this country come to now!!!!!???! That’s a CHILD man!!!!!!” he wrote

He posted photos of the young boy, Ditebogo Phalane Jnr, with his father smiling and looking happy. He said that the boy’s father was inconsolable.

“He and his son had a strong bond. His son was always out and about with him, keeping him company. I don’t know how he is going to live without his son,” he said

The tragic incident has left social media users shocked and angry.

Many have made contributions to help erect a tombstone for the boy.