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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

Peter Obi Meets US Consul General, Hopes For Credible Polls In 2027

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Chieftain of the Nigerian Democratic Congress, NDC, Peter Obi on Tuesday held a meeting with United States Consul General, Mr Rick Swart.

Obi made this known via his X handle.

READ ALSO:NDC Speaks On Peter Obi, Kwankwaso Joining Party

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He said “This morning, in Lagos, I met with the U.S. Consul General, Mr Rick Swart, where we discussed strengthening the bilateral relationship. We focused on promoting credible elections in Nigeria, ensuring they are free from interference, and fostering a space where all political parties, especially opposition parties can thrive, and contribute.

“We also discussed trade and business opportunities between our countries. Accompanying me to the meeting was Dr Adefolaseye Adebomi Adebayo.

“The discussion was very productive, and we are hopeful that, moving forward, Nigeria’s elections will be even more credible and transparent.”

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BREAKING: 17 ADC Reps Follow Join NDC

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About 17 African Democratic Congress, ADC, lawmakers in the House of Representatives have defected to the Nigerian Democratic Congress, NDC.

This was disclosed by Speaker Abass Tajudeen on the floor of the House on Tuesday.

Tajudeen also announced the defection of Leke Abejide from the ADC to the All Progressives Congress, APC.

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READ ALSO:JUST IN: Why I left ADC For NDC With Kwankwaso – Peter Obi Opens Up

Lawmakers who defected to the NDC include Yusuf Datti, Uchenna Okonkwo, Adamu Wakili, Thaddeus Attah, George Ozodinobi, Lilian Orogbu, Oluwaseyi Sowunmi, Peter Aniekwe, Mukhtar Zakari, George Oluwande and Munachim Umezuruike.

Others are Emeka Idu, Jesse Onuakalusi, Ifeanyi Uzokwe, Afam Ogene and Abdulhakeem Ado.

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This comes barely a day after former presidential candidates Peter Obi and Rabiu Kwankwaso defected from the ADC to the NDC.

Obi and Kwankwaso have pledged to continue their pursuit for a better Nigeria in the NDC.

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JUST IN: Why I left ADC For NDC With Kwankwaso – Peter Obi Opens Up

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A former presidential candidate, Peter Obi, has given reasons why he resigned from the African Democratic Congress, ADC, to join the Nigerian Democratic Congress, NDC, alongside a former governor of Kano State, Rabiu Kwankwaso.

In a long post on X on Monday, Obi insisted it was not out of anger or ambition.

Rather, he said the move is a continuation of the quest to build a new Nigeria.

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Obi wrote: “Yesterday, I formally joined the Nigerian Democratic Congress (NDC), alongside my dear brother, Engr. Dr Rabiu Musa Kwankwaso, with one clear purpose: to continue the struggle for a new Nigeria built on justice, competence, accountability, and compassion for the ordinary Nigerian.

READ ALSO:Peter Obi, Kwankwaso Formally Join NDC, Warn Members Against Litigation

“As I stated yesterday, this decision was not made out of anger, personal ambition, or convenience. It came after deep reflection on the present condition of our nation and the urgent need to rescue Nigeria from the dangerous path it is currently heading.

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“Over the years, I have remained steadfast in my conviction that politics should never be about individuals, positions, or personal gain. It must be about the people, especially the millions of Nigerians who today can no longer afford necessities, whose businesses are collapsing, whose children are losing hope, and whose future is becoming increasingly uncertain.

“I left the ADC for the same reason I left the Labour Party: the severe, orchestrated litigation and internal crises deliberately designed to ensure that I, alongside many other notable individuals, do not effectively participate in the electoral process. I sincerely appreciate and remain deeply grateful to the Leadership of ADC for the opportunity to work together in pursuit of a better Nigeria. I am particularly grateful to ADC Chairman Senator David Mark for his exceptional Leadership. I also deeply appreciate my Leader and elder brother YE, Atiku Abubakar, as well as other respected leaders within the party.

“As we join the NDC, I sincerely appeal to the Nigerian Government against the encouragement of unresolved litigations and the infusion of crises within political parties. Democracy must never become a weapon against the people. A healthy democracy thrives on strong institutions, credible alternatives, and the freedom of citizens to make choices without intimidation, manipulation, or fear. Opposition parties must not be weakened or destroyed, because when democracy loses balance, the people ultimately suffer.

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“Nigeria today is passing through one of the most difficult periods in its history. Poverty is rising. Hunger is widespread. Insecurity continues to threaten lives and livelihoods. Businesses are shutting down daily. Our young people are becoming discouraged, and many citizens have lost faith in the system. At a time like this, leadership must be driven not by propaganda or division, but by competence, capacity, character, and compassion.

READ ALSO:ADC Hails S’Court Verdict On Leadership, Demands INEC Chairman’s Resignation

“Our decision to join the NDC is therefore not an abandonment of values, but a continuation of the same mission we have always stood for: building a Nigeria where leadership is about service, where public resources are managed responsibly, where institutions function independently, and where every Nigerian, regardless of tribe, religion, region, or social status, can live with dignity, security, and hope.

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“I remain committed to working with all Nigerians of goodwill across political, ethnic, and religious lines. The task before us is bigger than any individual or political party. It is about the future of our children and the survival of our dear nation.

“I thank Nigerians, especially our youths and women, for remaining peaceful, resilient, and hopeful despite the enormous challenges confronting the country. I urge you not to lose faith in Nigeria. Nations do not change because people surrender to hopelessness; they change because people continue to believe, continue to sacrifice, and continue to stand for what is right.”

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