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[JUST IN] Electoral Act: Senate To Appeal Ruling Allowing Political Appointees Contest Primaries

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The Senate has resolved to appeal the judgement of Federal High Court, Umuahia, nullifying section 84(12) of the Electoral Act.

The resolution was reached after a debate at today’s plenary.

The resolution followed a motion titled: “Urgent need to appeal judgement of the Federal High Court Umuahia on suit no FHC/UM/CS/26/2022 on Section 84(12) of the Electoral Act, 2022.”

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The motion was sponsored by Senator George Sekibo (Rivers East) and co-sponsored by 80 other lawmakers.

Recall that Justice Evelyn Anyadike, in a judgment, held that the Section of the Act was “unconstitutional, invalid, illegal, null, void and of no effect whatsoever”, adding that it cannot stand when it is in violation of the clear provisions of the Constitution.

Consequently, the court ordered the Attorney General of the Federation to “forthwith delete the said Subsection 12 of Section 84 from the body of the Electoral Act.”

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Justice Anyadike in the Suit FHC/UM/CS/26/2022 held that Sections 66(1), 107(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.

READ ALSO: Electoral Act: Lawyer Gives Reason APC Convention May Be Nullified

According to her, any other law that mandates such appointees to resign or leave the office at any time before that was unconstitutional, invalid, illegal, null and void to the extent of its inconsistency with the clear provisions of the Constitution.

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Some of the President’s ministers who are said to be planning to run for different offices include the Attorney-General of the Federation, Abubakar Malami, who is said to be eyeing the Kebbi State governorship seat; the Minister of Aviation, Hadi Sirika, who is believed to be planning to contest the governorship of Katsina State; the Minister of Transportation, Rotimi Amaechi, who is rumoured to be eyeing the Presidency.

Others who are said to have political ambitions include the Minister of Labour and Employment, Senator Chris Ngige; the Minister of State for Education, Chukwuemeka Nwajiuba; and a few others.

However, coming under order 42 of the Senate Standing Orders on Personal Explanation, Senator George Thompson Sekibo (PDP, Rivers East) during Tuesday’s plenary, challenged the judgment of the court on Section 84(12).

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Citing Section 4 of the 1999 Constitution (as amended, Sekibo stated that the National Assembly is empowered by virtue of Its provisions to make laws for the peace, order and good governance of Nigeria.

He added that Section 228 lists such functions to include making laws to ensure internal democracy within political parties.

The section provides in part that, “the National Assembly may by law provide guidelines and rules to ensure internal democracy within political parties, including making laws for the conduct of party primaries, party congresses and party conventions; and the conferment on the Independent National Electoral Commission of powers as may appear to the National Assembly to be necessary or desirable for the purpose of enabling the Commission more effectively to ensure that political parties observe the practices of internal democracy, including the fair and transparent conduct of party primaries, party congresses and party conventions.”

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He argued further that the provisions of Section 318 of the 1999 Constitution clearly defines who a public servant is, without including political appointees.

“I don’t have anything against the judge, but Mr President, what is relied on in the judgment is not in tandem with the interpretation of the Constitution.

“The Constitution defines for us who is a civil servant and who is a public servant. It does not include political appointees.

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READ ALSO: Electoral Act: Malami Under Fire For Threatening To Sue NASS

“More so, Section 4 gives us the power to make good laws, and in our mind, any law we make here is good law.

“Section 228 gives us also the power to make certain laws to guard the Independent National Electoral Commission to effectively discharge its functions.

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“We felt that Section 84(12) as enshrined in the Electoral Act assented to, is for the interest of the people and country.

“I don’t think that somebody should go to court without joining the Senate or the House of Representatives where this law emanated from, because we are the origin of the law before the President assented to it.

“If you think it is faulty, you either take us to court and make us part of that case. We did not know, we were not told and they just went there and got a judgment, destroying our work for over one year as no one here has the head to do any good thing,” Sekibo had said.

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Politics

Court Declines Kachikwu’s Motion Against INEC, ADC Leaders

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The Federal High Court in Abuja on Friday declined to hear an application filed by the African Democratic Congress’ 2023 presidential candidate, Dumebi Kachikwu, against the Independent National Electoral Commission and the Senator David Mark-led leadership of the party.

Justice James Omotosho, in a ruling, refused to entertain the motion.

Kachikwu, through his counsel, Dayo Akinlaja (SAN), had sought an order compelling INEC to withdraw the publication of Mark and Rauf Aregbesola’s names as national chairman and secretary of the ADC, pending the determination of the substantive suit.

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INEC had recently recognised Mark, a former Senate President, and Aregbesola, a former Governor of Osun State, as the party’s national chairman and national secretary.

READ ALSO:Court Dismisses Suit Seeking Refund Of Rivers’ Monies Expended By Ibas

On July 7, Kachikwu and four others – Adikwu Elias, Etimbuk Umoh, Muhammed Khala, and Alaku Godwin William – filed an originating summons challenging the recognition of the duo.

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The suit lists INEC, ADC, Chief Ralph Nwosu, Mark, and Aregbesola as the first to fifth defendants.

When the matter was called on Friday, Akinlaja told the court that a motion dated September 19 had been filed. He argued that despite the pendency of the suit, INEC went ahead to recognise Mark and Aregbesola as party leaders.

The plaintiffs asked the court to set aside the recognition and publication of their names, describing it as a breach of the doctrine of lis pendens. They also sought an injunction restraining Nwosu, Mark, and Aregbesola from further relating with INEC as ADC’s national officers.

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However, counsel for the ADC, Shaibu Aruwa (SAN), along with other defence lawyers, opposed the application.

READ ALSO:South African Court Finds Radical Politician Malema Guilty On Gun Charges

After hearing arguments, Justice Omotosho declined to entertain the motion, marked FHC/ABJ/CS/1331/2025.

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He said, “This court is not inclined to nullify anything at this stage, whether done before or now. This is a political case. I am not taking any interlocutory matter.”

The judge held that all processes filed by the parties, including preliminary objections, would be taken together with the substantive case.

Despite repeated pleas by Akinlaja for the motion to be heard, the court stood its ground.

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Justice Omotosho also granted an application for joinder filed by Nkemakolam Ukandu, the ADC deputy national secretary, and ordered that his name be added as a defendant.

He directed the plaintiffs to file the amended processes within 48 working hours and gave the defence seven days to respond. The case was adjourned till October 23 for hearing.

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Fubara Sacks Commissioners, Others

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Rivers State Governor, Siminalayi Fubara, has sacked all commissioners and other public office holders serving in his administration.

The decision, according to a statement issued in Port Harcourt on Wednesday evening by his Chief Press Secretary, Nelson Chukwudi, takes immediate effect and followed the recent Supreme Court judgment.

The governor, during a valedictory session with his cabinet to mark Nigeria’s 65th Independence Anniversary at Government House, Port Harcourt, thanked the outgoing officials for their services and contributions to the state’s development over the past two years.

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The statement read in part, “Rivers State Governor, His Excellency, Sir Siminalayi Fubara, has thanked members of his cabinet for their services and contributions to the development of the state in the last two years.

READ ALSO:BREAKING: Gov Fubara Dissolves Rivers Pension Board

The governor highlighted the significance of Nigeria’s Independence, and called on all Nigerians to work together with Mr President to build a peaceful, secure and prosperous country and a brighter future for all.

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“Furthermore, the Governor has relieved all Commissioners and other public officers affected by the recent Supreme Court judgment of their appointments with immediate effect.”

Fubara also reiterated his commitment to serve the state “with renewed vigour,” while expressing gratitude to Rivers people for their support and wishing Nigerians a happy Independence anniversary.

READ ALSO:Why I Refused To Challenge Emergency Rule – Fubara

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Recall that the immediate past administrator of the state, Vice Admiral Ibok-Ete Ibas (retd.), upon assumption of office during the emergency rule imposed by President Bola Tinubu, suspended all commissioners, special advisers, and assistants appointed by Fubara. Ibas also dissolved boards and suspended heads of parastatals he met in office.

Since Ibas exited the state on September 18, the fate of Fubara’s appointees had remained uncertain. The Rivers State House of Assembly, at its first sitting after the lifting of the emergency rule, had called on the governor to submit a fresh list of commissioner-nominees for screening, alongside the 2025 budget for passage.

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2027: Crisis Rocks Kaduna ADC Over Power Tussle

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The Kaduna State chapter of the African Democratic Congress (ADC) is enmeshed in crisis as a fierce power struggle among leading figures threatens the party’s chances in the 2027 general elections.

ADC stalwart, Malam Salihu Lukman, raised the alarm on Wednesday, warning that the party may not make a meaningful impact at the polls if the internal rift persists.

In a statement, Lukman alleged that some party leaders have aligned with certain aspiring candidates for the 2027 elections to the exclusion of others.

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He called on former Kaduna State governor, Malam Nasir El-Rufai, Malam Jaafaru Sani, Alhaji Bashir Saidu, and other opposition leaders in the state to halt what he described as “the madness” of candidates bent on hijacking party structures.

READ ALSO:Ex-Tinubu Campaign Coordinator Resigns From APC

According to him, “anybody who is not ready to work as part of a united opposition in Kaduna State is consciously or unconsciously working for the APC.”

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Expressing concern over the infighting, Lukman said his efforts to mediate had largely failed.

“The fact that Senator Musa Bello is aggressively seeking to control structures of ADC in Zone 2 is a reflection of my failure, largely because I am associated with him.

“Senator Lawal Adamu (Mr. La) has avoided all my requests to meet him. I have met Malam Jaafaru Sani on this matter and had discussions with Malam Nasir. Sadly, we are not united, and the perception is that I am part of the problem.”

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READ ALSO:Why APC Candidates Contested 2023 LG Election Despite Intimidation — State Chairman

Lukman stressed that he has no political ambition but remains committed to building a united front. “As a citizen from Kaduna State, I am willing to make every necessary sacrifice to move our state forward. Without sounding immodest, I made every sacrifice to contribute to forming the coalition and negotiating the agreement with ADC.

“May I therefore appeal to Malam Nasir and all our leaders to please seek to unite us. It is only if we are united in ADC that we can unite our people in the state to defeat the APC in 2027. We must bear in mind that it is not just about defeating APC but about producing a government controlled by our party based on collective leadership.

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“We need to put an end to the era when we produce emperors as governors. Anything short of a government managed by collective leadership under ADC will be unacceptable.”

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