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

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The Supreme Court, yesterday, okayed an application that Rivers State Government filed to be joined as a party in the suit President Muhammadu Buhari and the Attorney-General of the Federation and Minister of Justice, Abubakar Malami filed to void Section 84(12) of the Electoral Act, 2022.
A seven-man panel of the Justices of the apex court led by Justice Musa Dattijo, allowed the joinder application that Rivers State brought through the Speaker of the state House of Assembly, Hon Ikuinyi-Owaji Ibani and the state Attorney-General, Prof Zacheaus Adangor, even as it shifted hearing on the suit till 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.
President Buhari and Malami had approached the Supreme Court to 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 as well as Article 2 of the African Charter on Human and Peoples Rights.
They are, among other things, seeking, “a declaration that the joint and or combined reading of Section 65, 66, 106, 107, 131, 137, 147, 151, 177, 182, 192 and 196 of the Constitution, 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.
“A declaration that having regard to the clear provision of Section 1(3) of the Constitution read together with section 4 of the same Constitution, the legislative powers vested in the defendant do not permit or empower it to make any other law prescribing additional qualifying/disqualifying grounds for election to the National Assembly, House of Assembly, gubernatorial and presidential election outside the express constitutional qualification and disqualification provisions as already provided in each or all of Sections 65, 66, 106, 107, 131, 137, 147, 151, 177, 182, 192 and 196 of the 1999 Constitution of the Federal Republic of Nigeria (as amended), and without amendment to any of those sections is for the reason of inconsistency, unconstitutional, and therefore, null and void.
As well as, “An order nullifying the provision of Section 84 (12) of the Electoral Act, 2022 by application of the blue-pencil rule, for being unconstitutional, illegal, null and void and having been made in excess of the legislative powers of the defendant as enshrined in Section 4 of the Constitution (as amended).”
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.
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 Act was unconstitutional because it was 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.

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I Won’t Allow Spoils Of Office To Change Me – Fubara …As Rivers People Mark Gov’s 50th Birthday With Prayers

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Rivers State Governor, Sir Siminalayi Fubara, has declared that he will not be drunk with power or allow the associated advantages and benefits that come with holding a lofty position in government to change him.

 

Rather, the governor assured that he will remain committed to his vows made to Rivers people when he got their mandate, to completely put things in place that will transform the State to become what they dreamt it to become.

 

Governor Fubara made the remark when some leaders, elders and critical stakeholders of the State paid him a birthday visit to celebrate him as he attains 50 years at Government House in Port Harcourt on Tuesday morning.

 

The governor, according to a statement by his Chief Press Secretary, Nelson Chukwudi, explained that he had never subscribed to celebrating  birthdays but seeing leaders of the State gather to celebrate him pulled out tears of joy from his eyes.

 

Governor Fubara said: “I want to say that I will still be the Fubara that you know; power will not change me. I will still make sure that what I hold dear in life remains, which is God and my respect for people. I will continue to maintain it.

 

“Power will come, power will go, but I will still remain the Fubara that you know. With your support, that Rivers State that we all yearn for, we will definitely, even if we don’t get it completely, we will put those things in place that will channel and drive us to that Rivers State with your support.”

 

Governor Fubara emphasised: “That is the only thing that I know I can assure you. I will not do anything, act in any manner that will bring disgrace to myself or to everyone of you that have decided and ready to sacrifice everything for us.

 

“This morning is a birthday morning. It is not a morning to discuss politics. It is a morning to say I am happy, I am 50 years, according to you. But the most important thing is: I am celebrating my Golden Jubilee. It means that I have joined the league of the old men from today.”

 

Fubara, on behalf of his wife, Lady Valerie and family, expressed gratitude to God for divine grace, and thanked all the leaders who made sacrifices to be in attendance so early to wish him well.

 

In his remark, former Governor of Rivers State, Sir Celestine Omehia, thanked God for installing Governor Fubara, who has become a deliverer of the State and its people from the hands of those bent on destroying Rivers State.

 

He said, it is, therefore, worthwhile to celebrate such a patient and meticulous leader, loved by all Nigerians on his 50th birthday because he has continued to prioritise the interest of the State and protect it.

 

The former Governor recounted the strength of faith in God that Governor Fubara has demonstrated, enjoyed divine direction in governance, and pledged the continued support of  Rivers people to ensure the success of his administration.

 

In his speech, former National Chairman of the Peoples Democratic Party (PDP), Prince Uche Secondus, said regardless of who a kingmaker is, as soon as the king is crowned, such person must give way to the king to perform his duties but regretted that

the immediate past Governor, who styled himself as kingmaker had continued to do things to distract the king.

 

But Prince Secondus, noted that amidst the brewing crisis, Rivers people, and indeed, Nigerians have come to admire and love the character of steel, fear and total trust in God that Governor Fubara has demonstrated, including forging unity, and inclusivity, which are evidence of his mandate as divine.

 

Highlights of the event were prayers by the clergy for the Governor, his administration and the State; a toast; the cutting of the 50th Birthday cake by the Governor, who was supported by his wife; presentation of gifts to the Governor; rendition of special birthday songs; and a special birthday party organised by the elders and stakeholders to celebrate the Liberator of Rivers people at 50.

 

Later in the morning, members of the State Executive Council; Local Government Council chairmen; Permanent Secretaries; Government House staff; Service Commanders; and many others visited the Governor to wish him a glorious birthday, and presented gifts to celebrate his Golden Jubilee birthday.

 

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Tinubu Seeks Multifaceted Response To Terrorism, Other Security Threats

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President Bola Tinubu, on Wednesday called for a multifaceted response to terrorism, insurgency and other forms of security threats in the Lake Chad Basin region.

Tinubu, represented by the Vice-President Kashim Shettima, made the call when he declare open the 5th meeting of the Lake Chad Basin Governors’ Forum in Maiduguri, the Borno capital.

The Tide source reports that the meeting, which was hosted by the Yobe State Government brings together eight Governors from Nigeria, Cameroon, Chad, and the Republic of the Niger.

The event also brings humanitarian organisations, and local and international communities to address pressing security challenges and explore solutions for stability in the region.

The president said the chain of events that disrupted the stability of the region over the past 15 years demands that power must be wielded responsibly to guarantee the safety and prosperity of the people.

The Nigerian leader noted that while military power was necessary to contain the security threats, it must be accompanied by strategies that address their root causes.

This, according to him, in include poverty, inequality, and lack of job opportunities for the region’s young population.

“Your Excellencies, distinguished ladies and gentlemen, our response to these threats must be multifaceted.

“While military solutions are indispensable, they must be complemented by strategies that address the root causes of insecurity – poverty, inequality, and the lack of opportunities for our youth.

“It is a tragic irony that Africa, a continent with the youngest population in the world, sees its youth become cannon fodder for destructive ideologies and the drivers of conflict.

“This is the challenge before us: to transform this demographic dividend into a force for good. Power’s true essence lies not in its possession but in its application.

“Hard power may secure borders, but it is soft power—through diplomacy, culture, and shared values—that builds bridges and binds us together,” he said.

Tinubu said every part of the world was entangled in its own unique security challenges, resulting in the global military gulping “a historic 2.4 trillion dollars in 2023, with no signs of slowing.”

He, however, observed that: “hard power, detached from the moral imperatives of justice and diplomacy, only widens the very divide it seeks to bridge.”

Tinubu told the Lake Chad Basin Governors’ Forum that it was only by sticking to the vision for which the forum was created that pursuing and adopting partnerships that benefit the people could be achieved.

Such partnerships, he said, include the collective commitment to the African Continental Free Trade Area (AfCFTA) and advancing the United Nations’ Sustainable Development Goals.

He noted that the choices made “today will echo through generations, shaping the future of this region.”

He recalled the successes recorded so far in repelling threats to the region’s borders and sovereignty by elements of terror.

The President attributed past victories by member countries to the joint missions they had embarked on.

Tinubu cautioned the governors and other stakeholders against allowing “the geopolitical tensions across the world to sow discord” in the region, and submitting themselves “to become tools in any proxy agenda.

“The salvation of the Lake Chad region is neither in Europe nor in the Americas. It lies in the hands of all those gathered here today.

“You, distinguished representatives of this forum, embody not only our collective will to protect the region but also the transformative potential that stability brings.

“The true enemy remains the non-state actors—those who exploit weak borders, poor governance, and fragile economies to challenge our claim to civilization.

” However, the worst threat we may face is not the insurgents or terrorists at odds with our humanity.

” It is the absence of cooperation, sincerity, and fidelity to our shared pact as brothers’ keepers.

“We undermine this pact when we renege on agreements to secure our borders when misinformation and falsehoods breed mistrust, and when we jeopardize the freedom and choices of our people.”

Earlier, Gov. Mai Mala Buni of Yobe, had said that the forum was an opportunity for states around the Lake Chad Basin region across Nigeria, Niger, Chad, and Cameroon Republics to discuss and reflect on the journey so far.

He noted that as partners in progress, the Yobe Government provided the platform for participants to strengthen contact and collaboration towards ensuring stabilisation, recovery, and resilience across the Lake Chad Basin in the months and years ahead.

Also, Gov. Babagana Zulum of Borno, commended the strategic partners of the forum, saying their contributions have enabled governments of the forum to tackle some of their challenges to strengthen and rebuild the region.

He said the platform was a rallying point for political cohesion, fostering regional interaction, sustaining the socio-economic development of the region, and regional integration.

On his part, Gov. Umaru Fintri of Adamawa, noted that the Basin had passed through the worst environmental moment, leading to the shrinking of the Lake Chad

“The United Nations Environmental Programme has recently revealed that Lake Chad has shrunk 90 per cent in six years and blamed the situation on climate change, irrigation and construction of dams and population increase.”

The Executive Secretary of Lake Chad Basin Commission, Amb. Mamman Nuhu, said the forum’s meeting “serves as a critical platform for fostering dialogue and enhanced collaboration.”

He also said that the meeting reaffirmed the collective commitment to addressing the multifaceted challenges facing the lake chad basin.

He noted that the theme of the meeting reflects the immense progress achieved so far and the equally immense work that needs to be done.

Ms Cynthia Rowe, Development Director for the British High Commission, Nigeria, and Representative of International Support Group, commended the governors of the region.

Rowe stressed that the region had recorded marked improvement in the face of daunting challenges.

She, however, pledged the support of the funding partners to continue in their efforts towards assisting the forum achieve its objectives.

 

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FG Suspends Max Air Operations For Three Months Over Kano Incident 

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The Federal Government, through the Nigeria Civil Aviation Authority, has suspended Max Air’s domestic flight operations following a tyre burst incident involving one of its aircraft in Kano on Tuesday night.

The affected Boeing 737-400 aircraft, with registration number 5N-MBD, suffered a tyre burst while landing at Mallam Aminu Kano International Airport at about 10:51 p.m. on 28 January 2025.

Although all 53 passengers on board were evacuated safely, the aircraft was temporarily grounded before the Federal Airports Authority of Nigeria reopened the runway around 8:00 a.m. on Wednesday.

The Nigerian Safety Investigation Bureau has since launched an investigation into the incident — the third involving Max Air in three months.

Confirming the suspension, NCAA’s Director of Public Affairs and Consumer Protection, Michael Achimugu, in a statement released yesterday, stated that the regulatory body would support NSIB’s probe while also conducting its own assessment of the airline.

“It must be stated that the specific cause(s) of this incident can only be established after the NSIB has conducted its investigation,” Achimugu said.

He noted that the NCAA had already been carrying out an organisational risk assessment for all scheduled airlines, including Max Air, before the latest incident.

However, as a result of this incident, Max Air is suspending its domestic flight operations for three months, effective from midnight on 31 January 2025, to allow for an internal review of its operations,” he stated.

During the suspension period, the NCAA will conduct a comprehensive safety and economic audit of the airline.

“The safety audit will involve a re-inspection of Max Air’s organisation, procedures, personnel, and aircraft, as specified by the Nigeria Civil Aviation Regulations,” Achimugu explained.

He added that the economic audit would assess the airline’s financial health to ensure it can sustain safe flight operations.

“The resumption of Max Air’s domestic flights will depend on the satisfactory completion of this audit,” he added.

While acknowledging the potential disruption to passengers, the NCAA reassured the public that safety remained its top priority.

“The NCAA is aware of the inconvenience this action may cause Max Air’s intending passengers. However, the safety and well-being of passengers is paramount. We appeal for patience and understanding while we ensure the protection of passenger rights,” the statement added.

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