News

Electoral Act: Supreme Court Joins Rivers In Buhari, Malami’s Suit

Published

2 years ago

May 19, 2022

Editor

The Supreme Court admitted an application filed by Rivers to be joined as a party in the suit by the President, Major General Muhammadu Buhari (retd.), and the Attorney-General of the Federation and Minister of Justice, Abubakar Malami, to void section 84(12) of the Electoral Act, 2022.

Justice Musa Dattijo, who led the seven-member panel of the Justices of the apex court on Thursday, allowed the joinder application that Rivers brought through the Speaker of its House of Assembly and its Attorney-General and adjourned hearing on the suit until May 26.

The applicants told the court that they were opposed to the suit marked SC/CV/504/2022, which originally had the National Assembly as the sole Respondent.

The News Agency of Nigeria reports that Buhari and Malami filed a suit at the Supreme Court, seeking an interpretation of Section 84(12) of the Electoral Amendment Act 2022.

They are seeking an order of the apex court to strike out the section of the Electoral Act, saying it is inconsistent with the nation’s Constitution.

According to the court document, the plaintiffs contend that Section 84 (12) of the Electoral (Amendment) Act, 2022 is inconsistent with the provisions of Sections 42, 65, 66, 106, 107, 131, 137, 147, 151, 177, 182, 192 and 196 of the Constitution of Federal Republic of Nigeria, 1999, (as amended), as well as Article 2 of the African Charter on Human and People and Peoples Rights.

They also contended that the Constitution already provides qualification and disqualification for the offices of the President and Vice President, Governor and Deputy Governor, Senate and House of Representatives, House of Assembly, Ministers, Commissioners, and Special Advisers.

They urged the court to make a declaration that the joint and combined reading of sections 65, 66, 106, 107, 131, 137, 147, 151, 177, 182, 192 and 196 of the Constitution of the Federal Republic of Nigeria, 1999, (as amended); the provision of Section 84 (12) of the Electoral Act, 2022, which also ignores Section 84(3) of the same Act, is an additional qualifying and/or disqualifying factors for the National Assembly, House of Assembly, Gubernatorial and Presidential elections as enshrined in the said constitution, hence unconstitutional, unlawful, null and void.”

In the same vein, the National Assembly has asked the Supreme Court to strike out the suit.

The National Assembly, in its counter-affidavit, filed by its lawyer, Kayode Ajulo, said the Supreme Court cannot be invoked to amend the provision of any law validity made by lawmakers in the exercise of their legislative powers as granted by the Constitution.

They argued that the 1999 Constitution, as amended gave the National Assembly the power to make laws for good governance.

NAN reports that on May 11, the Court of Appeal sitting in Abuja, vacated the judgement of the Federal High Court in Umuahia, Abia, which voided the provisions of Section 84(12) of the Electoral Act, 2022.

The appellate court, in a unanimous decision led by Justice Hamma Akawu Barka, held that the high court, acted without jurisdiction.

It held that the plaintiff, Mr Nduka Edede, lacked the locus standi to institute the action.

According to the appellate court, Edede, failed to establish any cause of action that warranted him to approach the court on the issue, noting that the plaintiff was unable to prove how he was directly affected by that section of the newly amended Electoral Act.

Consequently, it struck out the suit marked: FHC/UM/CS/26/2022, which Edede filed before the Umuahia court.

Nonetheless, the appellate court, while determining the appeal on the merit, held that the said provision of the electoral law was unconstitutional because it is in breach of Section 42 (1)(a) of the 1999 Constitution, as amended, stressing that the section denied a class of Nigerian citizens their right to participate in election.

(NAN/PUNCH)

News

“They Chase Me I Dey Chase Dream,” Portable Hints On June US Tour

Published

33 mins ago

May 15, 2024

Editor

Controversial music artiste, Habeeb Okikiola also known as Portable, has revealed his proposed music tour tagged “Portable USA 2024.”

He disclosed this in an Instagram story on Wednesday.

The tour sponsored by Supermega Entertainment runs from June 7 to 26 across various cities in the US.

However, the post added that more details will be announced soon.

READ ALSO: JUST IN: Police Release Portable After Meeting Bail Condition
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The Lagos State Police Command, on Tuesday, confirmed Portable’s arrest for allegedly refusing to pay the debts he incurred when he purchased a G-Wagon from a car dealer in the state.

Portable has, however, regained his freedom after meeting the bail conditions set for his release following his arrest.

The state Police Public Relations Officer, Benjamin Hundeyin, confirmed the development to our correspondent on Wednesday evening.

Asked if Portable had been released after meeting his bail conditions, the PPRO said, “He’s been granted bail.”

In another post, he made two other posts which obviously could be dubbed as a response to the arrest saga which started on Tuesday.

He posted, “If God is still God I’m not losing.

“They chase me I dey chase dream.”

Meanwhile, an Abuja-based legal practitioner, Pelumi Olajengbesi, faulted the police on Portable’s arrest and detention on grounds related to debt.

News

JUST IN: Police Release Portable After Meeting Bail Condition

Published

2 hours ago

May 15, 2024

Editor

The Lagos state police command has released Musician Habeeb Okikiola, a.k.a Portable after spending a night in the forces cell.

The Lagos state public relations officer, SP Benajmin Hundeyin confirmed the release to Vanguard this evening, stating that he was released this afternoon.

When asked if Portable has sorted out the issues, the spokesman added “I have no idea about it but what I can say is that he has been granted bail”

Recall that the ‘Zazzu’ crooner was nabbed on Tuesday following his alleged refusal to pay the debt he incurred when he purchased Mercedes Benz GLE 350 from Ogunsanwo Temitope (Temmy Autos), a car dealer in the state.

It was gathered that Portable had paid only N13 million after purchasing the vehicle, which was worth N27 million. He was said to have refused to pay the N14 million balance.

News

JUST IN: Obidient Movement Infiltrated By Saboteurs, Abure Laments

Published

4 hours ago

May 15, 2024

Editor

The National Chairman of the Labour Party, Julius Abure, on Wednesday, expressed concern that the ruling oligarchy and suspected saboteurs have infiltrated the rank of its Obidient Movement to pull down the party.

Abure raised the alarm at a press conference held at the party secretariat in Abuja.

The Obidient Movement, birthed in the build-up of the 2023 general election, comprises young Nigerians who see the hope of a new Nigeria in the candidacy of LP Presidential Candidate, Peter Obi.

The impact of the group was felt when it powered the Labour Party to a stunning performance at the February 25 presidential and national legislative elections.

To date, LP has one elected governor, 35 members of the House of Representatives and seven senators to its credit.

But Abure told journalists that the recent attitude of some Obidient members has given a notion that the movement may have been penetrated by the ruling oligarchy to erode all the gains they made in the past year.

He said, “I also want to appeal to the Obidient movement to remain in the party and be patient to learn the rudiments of politics. It is also my appeal that they should endeavour to find time to read the Constitution of the party, the Electoral Act and the 1999 Constitution. This will enable them to make a well-informed opinion about the activities of the party.

“I must say that a lot of people, particularly, the ruling oligarchy have no doubt, infiltrated the Obidient Movement and they are currently striving to carry some innocent Obidient along in derailing and unnecessarily criticising the party to bring it to disrepute and pull it down.

“This is not to say, however, that some of the complaints from the Obidients are not germane. But part of these complaints is that those who want to belong to the party have not been fully absorbed.”

To resolve the plethora of complaints bombarding the party frequently, the LP national chairman announced that a directorate has been created to attend to the affairs of the Obidient movement.

Abure said he was excited about the prospect knowing that considerable members of the group are chairmen and executives at the wards, local governments, states and national levels.

“To attend swiftly to most complaints of Obidients, we have decided to create a whole directorate dedicated to the family. That directorate will coordinate the registration of members and integrate them fully into the structure of the party.

“The directorate will also ease Diaspora participation, bring complaints to the attention of the party leadership, coordinate the collection of dues and donations to the party and ensure all Obidients are financial members.

“They will work closely with the National Youth Leader, National Women Leader, and National Organizing Secretary to create programs that will fully and effectively assimilate all members of the Obidient family to the party.

“As the national leader of the party, Mr Peter Obi, said, the national convention has come and gone. It is therefore imperative for us to put our differences aside and collectively work in the interest of the party and Nigerians who are currently suffering amid plenty. The Nigerian people have a common enemy which I refer to as the ruling oligarchy in Nigeria. They have held the country captive and ensured that our common patrimony is stolen.”