Politics
Section 84 (12): To Be Or Not To Be
In the original version of the Electoral Act, Section 84 (12) comes with a sub-heading titled: “Political Appointee Not Eligible as a Voting Delegate or Aspirant.” Using this as a guide, it becomes crystal clear that the intent of the lawmakers with the introduction of Section 84 (12) was to make it impossible for a political appointee to aspire for elective office whilst still holding on to his political appointment. I honestly cannot see how this piece of legislation amounts to an amendment of the Constitution through the backdoor as some have suggested.
The definition of Section 318 of the Constitution which clarifies those to be regarded as part of the public service of the Federation also made similar provisions for public service of the State. Judicial authorities abound that political appointees hold their offices at the pleasure of the appointor and they are not civil or public servants as provided for in the Constitution. Thus, there is no apparent or implied conflict between Section 84 (12) of the Electoral Act and any of the provisions of the Constitution highlighted above, the rationale being to ensure that those who hold public office are not exposed to any situation that may lead to a conflict of interest.
In the same vein, section 84 (12) does not infringe upon the right to freely assemble and associate with other persons as provided for in Section 40 of the Constitution or the right to form a political party as provided for under Section 221 thereof. The Constitution for instance provides the right to freedom of movement for every citizen, but to travel out of Nigeria, you need a passport, without which you would not be allowed to board the plane. It is in that passport that the travelling visa to your country of destination will be imposed. The Courts have also held that the requirement for a passport as a condition to travel does not infringe upon the constitutional right of movement
In the case of Awolowo v. Ministry of Internal Affairs, a similar concept was elucidated upon by the Supreme Court, when the appellant, in that case, the late Chief Obafemi Awolowo, SAN, was standing trial for treasonable felony. He engaged the service of a British lawyer, Mr. E.F.N. Gratiaen to defend him. On arrival in Lagos, MrGratiaen was denied entry into Nigeria by the Federal Ministry of Internal affairs. The court had to determine the import of Section 21 (5) (c) of the then 1960 Constitution of the Federal Republic of Nigeria (now section 36 (6) (c ) of the 1999 Constitution, which provided that “an accused person is entitled to defend himself in person or by a legal practitioner of his own choice”. Chief Awolowo contended in that case that he was entitled to be represented by any lawyer of his choice whether indigenous or British.
Thus, the order prohibiting his lawyer, Mr Gratiaen, was ultra vires and against his right to a fair hearing. He, therefore, prayed the court to grant an order of injunction, restraining the defendant from preventing the said Mr. Gratiaen (QC) or any other British counsel who might be the counsel of his choice, from entering Nigeria to defend him in the pending charge. On the other hand, the defendants, in that case, argued that the provisions of section 13 of the Immigration Act which provides that “Notwithstanding anything in this ordinance contained, the Governor-General may, in his absolute discretion, prohibit the entry into Nigeria of any person, not being a native of Nigeria”, gives the ministry the power to refuse a non-Nigerian entry into the country. More so, in the exercise of the right conferred by Section 21 (5) (c) of the 1960 Constitution, the legal representative must be a qualified person entitled to a right of audience in Nigerian courts. Secondly, he must be available to take up the case, and therefore must be able to enter Nigeria as of right and must be a Nigerian.
The High Court of the federal territory of Lagos, per Justice Udo Udoma held that based on the above provisions, the legal representative chosen by an accused person if resident outside Nigeria must be a person who could enter Nigeria as of right and must not be anyone under any disability. In the words of the judge: “I must state at once that I do not accept as sound proposition the submission that the provision contained in Section 21 (5) (c ) of the Constitution, liberally interpreted, can be construed to entitle anyone to bring a Counsel from the United Kingdom to defend him in a criminal charge. To accept that interpretation, would be to strain language. The Constitution is a Nigerian Constitution, meant for Nigerians in Nigeria. It only runs in Nigeria. The natural consequence of this is that the legal representative contemplated in Section 21 (5) (c) ought to be someone in Nigeria, and not outside it.” This decision was affirmed by the Supreme Court in the appeal filed against it by Chief Awolowo. In a similar vein, Section 84 (12) has not stopped any citizen from contesting election but it has imposed a condition upon political appointees to first step down from their political position to seek elective office. There is no contradiction at all in this laudable provision with the Constitution.
Most political appointees are paid one form of emolument or allowance or the other by the government, with specific responsibilities to perform. Thus, even apart from the conflict of retaining an executive position and seeking elective office, how does a person occupying a political office abandon his responsibilities for which he is being paid to embark upon campaigns at the expense of the people? What justification can we give for retaining a person on the payroll of the government who already has his eyes on another assignment? Political appointees and persons in public service of the Federation and of the States are two separate and distinct classes of persons. While those in public service have not less than thirty days ahead of their party primaries to resign to contest an election, political appointees must resign before they can become voting delegates or be voted for in their party primaries or congresses. The Constitution stipulates that public office holders resign “at least” thirty days before the elections they are interested in, which presupposes that such public officers could indeed resign earlier than the 30 days, however, the Electoral Act stipulates that political appointees must resign before party primaries/congresses where candidates are to emerge.
The question to ask then is whether the National Assembly has by Section 84 (12) of the Electoral Act negated the constitutional stipulation of “at least 30 days”? Certainly not. The two concepts do not oppose themselves at all. For civil and public servants, the Constitution demands that they resign not less than thirty days prior to any election for which they seek to contest whilst Section 84 (12) simply prohibits political appointees from participating in elections to be conducted at the conventions and congresses of their political parties whilst still retaining their political appointments. In Section 228 (a), the Constitution states 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 the party primaries, party congresses and party convention”. Under and by virtue of Section 4 of the same Constitution, “the National Assembly shall have the power to make laws for the peace, order and good government of the Federation or any part thereof”. What then, if one may ask, could be the ‘offence’ of the National Assembly in fulfilling its mandate as directed by the Constitution?
To my mind, there is really no need for us to split hairs on this simple matter of interpretation of the Constitution and the Electoral Act. Unless as suggested by Mr. Femi Falana, SAN and many others, the executive arm has an axe to grind with the legislature over this very harmless piece of legislation, there can be no basis for the jubilation that has greeted the judgment of the Umuahia Federal High Court by the executive. We must sanitize the electoral space to remove all vestiges of manipulation and land mines. It is not in our best interest for those that we pay to perform certain duties to abscond from their sacred responsibilities in order to actualise their personal ambitions to seek elective office. They owe us the duty of fairness to surrender our mandate granted to them through their appointments should they aspire to contest any election. It is gratifying that the National Assembly and other stakeholders of our electoral system have decided to join the case to explore further interpretation by the appellate courts. That is commendable indeed or else we may soon have in our hands a ridiculous situation whereby the Chairman of INEC or even the Governor of the Central Bank of Nigeria may seek to contest election whilst still holding on to their appointments.
By: Ebun-Olu Adegboruwa
Adegboruwa, a constitutional lawyer, is a Senior Advocate of Nigeria (SAN).
Vice-President Kashim Shettima has assured Nigerians that the current administration will continue to provide the values of the democratic systems by fixing major weaknesses of the economy, securing communities, fighting corruption, strengthening the independence of the judiciary and improving national cohesion.
Shettima stated this in Abuja, yesterday, at the national conference on strengthening democracy in Nigeria, themed: “Strengthening Nigeria’s democracy: Pathways to good governance and political integrity,” organised by the African Centre for Leadership, Strategy and Development.
Shittima, represented by his Special Adviser on political issues, Hakeem Baba-Ahmed, said while democracy is not a perfect system, it is still considered the best form of government compared to others.
“I would like to assure Nigerians that our administration is acutely aware of many concerns over our direction and goals, particularly given the difficulties which some of our policies inevitably generate. We are involved in correcting many defects in our economy and approaches to securing the citizens. We have been honest to admit that this transition from a broken past and a promising future will not be without a price, and we will remain focused on easing the pain and ensuring that we do not take our eyes off the goals.
I Lost My Legs Saving Victims I Hit – Ogun Driver
000 / 0:00“We will listen and adjust where necessary, and we will account our stewardship in all matters our challenging democratic systems demands. I am convinced that Nigeria shall rise again, answer to its full potential and lead the way to a future that has learnt lessons from a difficult past into a world in which our country will be a key player, and our young will be active champions of a democratic system because it speaks to them.
“It has been said many times that democracy is an imperfect system, yet superior to all others. We will continue to seek to provide evidence of the values of the democratic systems by, among others, fixing major weaknesses of our economy, securing our communities, fighting corruption, supporting free and fair elections, strengthening the independence of the judiciary and improving national cohesion. I would like to appeal to fellow Nigerians to join us in this challenging but ultimately rewarding journey,” he said.
According to him, the current administration has a major interest in the quality of the democratic system and a key responsibility in improving the elements that constitute the democratic system.
“This reminds us that we owe our current positions to the democratic process, and it is our duty to continually police its effectiveness and impact on the lives of all Nigerians,” he stated.
He noted that there is a huge responsibility on the shoulders of elected leaders in Nigeria to market democracy in terms of the quality of governance, their conduct, and disposition towards the rule of law and respect for the welfare and security of citizens.
“Nigerian democracy must mean a lot more than asking Nigerians to line up every four years to elect leaders. It must mean, in practical terms, that leaders commit to the demands of elected leadership in very transparent manners, that mandates given to them to govern make them servants to the interests of the people, custodians of their assets, and protectors of their interests. The best leaders are people who exercise power only to promote the interests of their people.
“These interests include making laws that are consistent with the economic welfare and security of the citizen; that the judiciary is free from interference and corruption; that institutions and structures of governance function with the highest standards of efficiency and integrity; that citizens’ voices are heard and respected not just during elections; and the basic rules of competition between parties and interests are respected,” he added.
In his keynote address, the former Vice President of Ghana, Dr Mahamudu Bawumia, said despite the imperfections of democracy, it remains the preferred form of governance that can guarantee individual liberties and rights.
He, however, stated that for democracy to thrive and to be strengthened, the ambition for the country must be paramount and must supersede the ambition for oneself.
“Elections are not do-or-die affairs. That’s what we must understand. The right of the citizenry to choose leaders in a free, transparent manner is sacrosanct and remains one of the most vital angles of a true democratic dispensation.
“By choosing and or changing leaders through the ballot box, the vote necessary is not sufficient to guarantee a true flourishing democratic culture,” he emphasised.
He noted that one of the most important determinants of a flourishing democracy is the quality of institutions capable of guaranteeing rights, including property rights, and checking the wanton abuse of power.
According to him, the best democracy is the one that delivers public goods and services effectively and efficiently and creates opportunities for citizens whilst making conscious efforts to leave no one behind.
The Executive Director of the African Centre for Leadership, Strategy & Development, Dr Otive Igbuzor highlighted that the purpose of the conference lies in a vision for a democracy that is genuine, resilient, and inclusive.
“As many of us know, Nigeria’s democratic journey, though spanning 25 years of uninterrupted civilian rule, is beset by structural and functional flaws. These range from electoral malpractices, ineffective political parties, and weakened governance structures to pervasive corruption and a concerning erosion of public trust.
“Despite decades of democratic practice, the realities faced by Nigerians today often reflect disillusionment rather than hope. The goal of this conference, therefore, is to reignite hope, rebuild trust, and lay out a road map toward a strengthened democratic system that serves all Nigerians with integrity and accountability,” he said.
The 16th Emir of Kano, Muhammad Sanusi II, says he would not help President Bola Tinubu’s administration to correct the administration’s policies affecting the citizens.
Emir Sanusi spoke on Wednesday in Lagos as the chairman of the 21st Anniversary of Fawehinmiism (Gani Fawehinmi Annual Lecture 2025).
The emir stated that while there were “a few points” he could offer to explain the trajectory the administration had taken and how such decisions were predictable, he chose not to do so because “they don’t behave like friends.”
He said explaining the government’s policies would help the government, but he did not intend to assist them due to the way they had treated him.
“I can give a few points that are contrary, that explain perhaps what we’re going through and how it was totally predictable, most of it, and maybe avoidable. But I am not going to do that.
“I have chosen not to speak about the economy or the reforms or to even explain anything because if I explain, it would help this government, but I don’t want to help this government,” the emir said while addressing some of the points made by speakers about the economy.
He added: “You know they’re my friends, but if they don’t behave like friends, I don’t behave like a friend. So I watch them being stooges. And they don’t even have people with credibility who can come and explain what they are doing. I am not going to help. I started out helping, but I am not going to help. I am not going to discuss it. Let them come and explain to Nigerians why the policies that are being pursued are being pursued.
“Meanwhile, I’m watching a very nice movie with popcorn in my hands. But I will say one thing: What we are going through today is, at least in part, not totally, but at least in part, a necessary consequence of decades of irresponsible economic management.
“People were told decades ago that if you continue along this path, this is where you’re going to end up, and they refused to open their eyes. Now, is everything being done today correct? No.”
Emir Sanusi, who was deposed as the 14th Emir of Kano in 2020 by then-Governor Abdullahi Umar Ganduje, the current national chairman of the ruling All Progressives Congress (APC), was reinstated as the 16th Emir of Kano in 2024 by the New Nigeria People’s Party-led Kano State Government.
His emirship has faced ongoing challenges from forces believed to be backed by the federal government, including federal officials’ continued recognition of his predecessor, Emir Aminu Ado Bayero.
Last month, the police barricaded his palace, with the state government accusing the federal government of orchestrating the action to stir unrest in the peaceful state.
The Deputy Chief Whip of the House of Representatives, Rt Hon. Oriyomi Onanuga, is dead.
Also known as Ijaya, Rt Hon. Onanuga, who was the member representing Ikenne/Sagamu/Remo North Federal Constituency, is said to have died following a brief illness.
This was confirmed in a tweet on the official X (formerly Twitter) account of the House of Representatives, on Wednesday night.
Rt Hon Onanuga, who was born in Hammersmith, London, to Nigerian parents on December 2, 1965, was a politician and entrepreneur. She held the position of Deputy Chief Whip in the Nigerian House of Representatives since 2023.
She contested and won a seat in the House of Representatives under the platform of the All Progressives Congress (APC) in 2019. She also served as the Chairperson of the House Committee on Women Affairs and Social Development.
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