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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

PDP Reacts To Fubara’s Defection To APC

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The Kabiru Turaki-led Peoples Democratic Party (PDP) has reacted to the defection of Rivers State Governor, Siminalayi FubaraGovernor, Siminalayi Fubara, to the ruling All Progressives Congress (APC), describing the move as a “self-inflicted injury” and a culmination of choices the governor “willingly embraced.”

Fubara on Tuesday defected from the PDP to the ruling APC.

He announced his decision during a stakeholders’ meeting held at the Government House in Port Harcourt on Tuesday. Fubara joins several of his colleagues who have also switched to the APC this year.

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Recently, 17 members of the House of Assembly, loyal to former Governor Nyesom Wike and led by Speaker Martin Amaewhule, announced their defection from the PDP to the APC, thereby altering the balance of power in the legislature.

READ ALSO:JUST IN: Fubara Dumps PDP For APC

In a statement issued Tuesday night by National Publicity Secretary, Ini Ememobong, the PDP said Fubara’s exit merely affirmed the legal maxim volenti non fit injuria—”to one who is willing, no harm is done.”

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According to the PDP, the governor’s political troubles and eventual departure were products of his own decisions.

“Everyone who has followed developments that culminated in this uneventful defection will recall that the Governor willingly travelled the path that took him to this destination,” the statement read.

“Having done so voluntarily, he cannot turn around and accuse our party or any person or group of failing to protect him.”

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The party insisted that at every stage of the crisis that engulfed Rivers politics over the past year, civil society groups, democratic actors and Nigerians across political divides stood in Fubara’s defence until he “capitulated.”

READ ALSO:Fubara Names New Rivers SSG

It added that rather than blame others, the governor should acknowledge the support he enjoyed before choosing his new path.

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Expressing concern about what it described as Fubara’s political capitulation, the PDP warned against the “Stockholm Syndrome”, a condition in which a victim develops affection for their oppressor—suggesting that the governor may have succumbed to pressures from forces aligned with the Federal Government.

In all, despite these, we pity the Governor and wish him well,” the party added.

READ ALSO:BREAKING: Gov Fubara Dissolves Rivers Pension Board

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The PDP further used the development to highlight what it called the “dysfunctional nature of Nigeria’s democracy,” lamenting a political environment where individuals wield power beyond institutions and allegedly deploy federal might to overwhelm opponents.

It warned that such tendencies threaten democratic stability and should be condemned by all well-meaning Nigerians.

With Fubara’s defection, the opposition party renewed its accusation that the ruling APC is bent on creating a one-party state and shrinking Nigeria’s political space.

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“Democracy is under severe attack,” the statement noted, urging Nigerians and the international community to resist what it called a slide toward electoral authoritarianism.

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JUST IN: Fubara Dumps PDP For APC

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Governor Siminalayi Fubara of Rivers State has defected to the All Progressives Congress, APC, dumping the Peoples Democratic Party, PDP.

Fubara announced this at a stakeholders meeting at the government house in Port Harcourt.

We can’t support President (Tinubu) if we don’t fully identify with him, not just backyard support.

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“Our decision this evening is that we are moving to the APC,” Fubara said as he announced his defection from the PDP to the APC.

READ ALSO:JUST IN: Tinubu Holds Closed-door Meeting With Rivers, Ebonyi Govs

The development comes amid political tension in the oil rich Niger Delta state.

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Recall that President Bola Tinubu on Monday
held confidential discussions the with the Governor.

The engagement, held at the State House in Abuja, came against the backdrop of escalating political friction in Rivers State and ongoing uncertainties regarding Fubara’s standing within the PDP.

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Tinubu, Six APC Governors Hold Closed-door Meeting At Aso Villa

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President Bola Ahmed Tinubu on Monday met with six governors elected on the platform of the All Progressives Congress (APC) in a closed-door session at the State House, Abuja.

The purpose of the meeting was not immediately disclosed, and details of its agenda remained unclear at press time.

In attendance were governors Umar Namadi (Jigawa), Monday Okpebholo (Edo), Biodun Oyebanji (Ekiti), Usman Ododo (Kogi,) Aliyu Sokoto (Sokoto) and Dr. Nasir Idris (Kebbi), who arrived at the Presidential Villa separately.

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The meeting, held in the President’s office, lasted almost two hours.

Although no Presidency official offered insight into the agenda, the consultations come amid rising security concerns across the country and ongoing political engagements within the ruling party.

The governors declined to speak to journalists after the meeting.

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READ ALSO:JUST IN: Navy Officer Who Had Altercation With Wike Reportedly Escapes Assassination Attempt

President Tinubu has recently intensified his focus on national security by convening a series of high-level meetings involving key security stakeholders, including the service chiefs of the Army, Navy, and Air Force, as well as intelligence coordinators and senior officials from various security agencies.

This increased engagement comes in response to a worrying upsurge in banditry, kidnappings, and violent crimes that have spread across multiple regions, causing widespread public concern and escalating pressure on the federal government for urgent and effective intervention.

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These strategic meetings, frequently conducted in secrecy to ensure confidentiality and candid discussion, have aimed to undertake a comprehensive review of ongoing security operations nationwide.

Discussions have prioritised enhancing coordination and communication among military, police, and intelligence units to foster a more unified and cohesive response to security challenges.

In addition, the sessions have explored innovative and tactical measures that leverage intelligence gathering, rapid deployment, and community engagement to dismantle criminal networks and restore order.

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READ ALSO:JUST IN: Tinubu Holds Closed-door Meeting With Rivers, Ebonyi Govs

Throughout these consultations, President Tinubu has underscored that safeguarding the lives and property of Nigerians is paramount.

He has called on the security apparatus to move beyond reactive measures and adopt more preventive, intelligence-driven strategies that anticipate threats before they escalate.

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The administration’s renewed approach signals a commitment to reinforcing national security architecture and improving the operational effectiveness of all agencies involved in the fight against crime and insurgency across Nigeria.

In other news, the National Security Adviser (NSA), Nuhu Ribadu, has expressed optimism that the security challenges – terrorism, banditry, kidnapping, and other violent crime – Nigeria has been facing for almost three decades now will be overcome.

READ ALSO:Tinubu Submits Fresh Ambassadorial List To Senate, Ibas, Dambazau Make Cut

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The NSA described those behind the “painful and unnecessary” challenges as “evil” and vowed they would be defeated.
Ribadu made remarks during the opening of a one-day dialogue organised by the National Peace Committee, in partnership with the delegation of the European Union to Nigeria and the U.S., on “a whole-of-Society Approach to the Prevention of Violence and Conflict in Northern Nigeria,” on Thursday in Abuja.

“This (security challenges) also shall pass. We are going through tough times. This will also go.

“But it’s very, very painful, what we are going through. It’s unnecessary.
They are very unfair to us, those who are responsible for this. They are evil.

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“But they will be defeated. It’s a matter of time, and peace will be restored. That one we can assure you. Because there are people who are working, not necessarily making noise.

“There are people who are making sacrifices. Every single day, we go to bury our own deaths. Painful as it is. But most people don’t talk. Sacrifice is ongoing,” the NSA said.

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