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[JUST IN] Electoral Act: Appeal Court Sets Aside Judgment Voiding Section 84(12)

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The Abuja Division of the Court of Appeal on Wednesday set aside the judgment of Justice Evelyn Anyadike of a Federal High Court in Umuahia which voided the provision of Section 84(12) of the Electoral Act 2022.

The Appellate Court in a judgment by a three-member panel headed by Justice Hamma Akawu Barka held that the Federal High Court Umuahia had no jurisdiction to have entertained the case because the plaintiff, Nduka Edede, lacked the locus standi to have filed the suit in the first place.

The Appellate Court added that Edede did not establish any cause of action to have warranted his approaching the court on the issue because he did not establish that he was directly affected by the provision.

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The Court of Appeal struck out the suit marked: FHC/UM/CS/26/2022 which Edede filed before the FHC in Umuahia.

While determining the appeal on the merit, the Appellate Court however held that the provision was unconstitutional because it violated Section 42 (1)(a) of the constitution and denied a class of Nigerian citizens their right to participate in election.

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The judgment was on the appeal marked: CA/OW/87/2022 filed by the Peoples Democratic Party.

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 PDP had sued the President, the Attorney General of the Federation, Senate President, Speaker of the House of Representatives and Clerk of National Assembly.

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It also sued the Senate Leader, House of Representatives Leader, and the Independent National Electoral Commission as 1st to 8th defendants respectively.

Others include Deputy Senate President, Deputy Speaker of House of Representatives, Deputy Senate Leader, and Deputy Leader of the House of Representatives as 9th to 12th defendants in the matter.

READ ALSO: Court Nullifies Malami’s Committee On Sale Of Forfeited Assets

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The PDP had challenged the legality or otherwise of the National Assembly tinkering with the Electoral Act, after it had been signed into law by President Muhammadu Buhari.

Amidst debate about the subject matter, a Federal High Court sitting in Umuahia and presided over by Justice Evelyn Anyadike, on March 18, ordered the AGF to delete Section 84(12) of the Act.

Anyadike, in the judgment, held that the section was “unconstitutional, invalid, illegal, null, void and of no effect whatsoever and ought to be struck down as it cannot stand when it is in violation of the clear provisions of the Constitution.”

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Anyadike held that Sections 66(1)(f), 107(1)(f), 137(1)(f), and 182(1)(f) of the 1999 Constitution already stipulated that appointees of government seeking to contest elections were only to resign at least 30 days to the date of the election.

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Edo SWAN Distances Self From Online Publication Against Enabulele

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…demands retraction, warns member against unverified publication

The Sports Writers Association of Nigeria (SWAN), Edo State Chapter, has distanced itself from an online publication titled: ‘Samuel Ogbemudia Stadium Shut Against Stephen Keshi.’

A statement signed by the Secretary of the association, Comrade Idahosa Moses, Edo SWAN said neither was it consulted nor involved in the “framing of the narrative presented by the online publication.”

Edo SWAN described the publication as misleading, sensational and grossly lacking in factual balance.

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The statement partly reads: “SWAN finds the report inconsistent with the ethical standards and core values of the journalism profession.

READ ALSO:SWAN Orders Nationwide Boycott Of NFF Activities

“While Edo SWAN recognises and respects the sentiments expressed by Mr. Austin Popo, Secretary of the Board of Trustees of the Stephen Keshi Football and Vocational Training Centre (SKFTVC), concerning the challenges encountered in securing the use of the Samuel Ogbemudia Stadium for this year’s Stephen Keshi Memorial National Under-17 Soccer Tournament, it is imperative to state that such concerns should not be reported in a manner that imputes motives, assigns blame without verification, or portrays public officials as acting in bad faith.”

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On allegations against the Executive Chairman of the Edo State Sports Commission, Hon. Amadin Desmond Enabulele, in the publication, SWAN described Enabulele as a “seasoned professional with a proven track record of integrity and dedicated service to sports development in Edo State.”

Any insinuation that he or the Commission deliberately acted to undermine the memory and legacy of the late Stephen Okechukwu Keshi is not only unfair but also unsupported by verifiable facts.”

Edo SWAN, therefore, “strongly cautions the publisher of Popular News to desist from publishing unverified and inflammatory reports capable of misleading the public and damaging reputations.”

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The Association formally demands that the controversial publication be withdrawn immediately and that an unreserved apology be tendered to Hon. Amadin Desmond Enabulele.”

SWAN further “extends its sincere apologies to the Chairman of the Edo State Sports Commission, who is also a Patron of the Edo SWAN Chapter, for any embarrassment or misrepresentation arising from the said publication, and assures him of its continued respect, support and cooperation.”

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Edo SWAN, while stating that it “shares in the collective responsibility of preserving and honouring the legacy of the late Stephen Keshi—a national icon whose contributions to Nigerian football remain indelible—the Association, maintained that “this noble course must be pursued through constructive engagement, professionalism and mutual respect among all stakeholders.”

Edo SWAN, thereafter, warned “all sports writers in the state to avoid unverifiable reports and sensationalism, stressing that any member found culpable of professional misconduct will be decisively sanctioned in line with the Association’s statutes.”

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Court Dissolves Petitioner’s Marriage Over Lack Of Love, Care

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An Area Court sitting at Centre-Igboro, Ilorin in Kwara State, on Thursday, dissolved the four-year-old marriage between Aminat Mustapha and Wahab Adeshina, following the petitioner’s insistence.

The petitioner told the court that she was no longer interested in her marriage to her husband following claims of lack of love and care.

According to the News Agency of Nigeria (NAN), while delivering ruling, the presiding judge, Mr Toyin Aluko, held that the respondent had written to the court, accepting the divorce application made by his wife.

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Aluko, consequently, dissolved the marriage between the parties, and ordered the woman to observe one month iddah (waiting period) before she could remarry.

Meanwhile, the court granted custody of the two children in the marriage, ages one and three, to their mother.

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He ordered the father to pay a monthly sum of N20,000 for the children’s feeding and maintenance.

The court also held that the respondent will be responsible for their education and healthcare.

Again, the court held that the father has unrestricted access to his children, but at reasonable time adding that he should be notified before any decision is taken on his children.

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The judge ordered the petitioner to get a copy of the judgment and send same to the respondent.

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Tinubu Embarks On Three-state Visit

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President Bola Ahmed Tinubu will depart Abuja on Saturday on a working visit to Borno, Bauchi and Lagos.

This is contained in a statement issued by Presidential Spokesperson, Mr Bayo Onanuga, on Friday in Abuja.

While in Borno, the President will commission projects executed by the Borno State Government under Gov. Babagana Zulum, in collaboration with the Federal Government.

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He will also attend the wedding ceremony of Sadeeq Sheriff, son of former Borno Governor, Sen. Ali Modu Sheriff, and his bride, Hadiza Kam Salem.

READ ALSO:Ambassadorial Nominees: Ndume Asks Tinubu To Withdraw List

From Maiduguri, Tinubu will proceed to Bauchi State to condole with the state government and the family of Sheikh Dahiru Bauchi, the renowned Islamic cleric and leader of the Tijjaniyya Muslim Brotherhood.

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Sheikh Dahiru Bauchi died on Nov. 27.

After the condolence visit, the President will travel to Lagos, where he will spend the end-of-year holidays.

During his stay in Lagos, Tinubu is expected to attend several engagements, including the Eyo Festival scheduled for Dec. 27.

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The festival, to be held at Tafawa Balewa Square, will honour notable personalities, including the President’s late mother, Alhaja Abibatu Mogaji, former Lagos State governors Alhaji Lateef Jakande and Chief Michael Otedola.

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