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 Section 84(12): Buhari, Malami Drag NASS To S’Court

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The last of the controversial Section 84(12) of the Electoral Amendment Act 2022 has not been heard as it emerged that President Muhammadu Buhari and the Attorney-General of the Federation (AGF) and Minister of Justice, Abubakar Malami, have filed a suit at the Supreme Court, seeking an interpretation of the contentious clause.
In the suit filed on April 29, Messrs Buhari and Malami, who are the plaintiffs, listed the National Assembly as the sole defendant.
Section 84(12) has been a subject of intense litigation and political debate in Nigeria since President Buhari signed the amended Electoral Act 2022 into law in February this year.
Shortly after signing it into law, President Buhari had urged the parliament to delete the controversial clause, but the National Assembly declined the President’s request.
The Court of Appeal in Abuja, last week, set aside the Federal High Court judgment that deleted the clause from the Act, while also agreeing with the lower court that the new provision is unconstitutional.
On the basis of the Appeal Court ruling, President Buhari had directed political appointees, who declared intentions to vie for elective positions, to resign.
The President’s directive forced the Minister of Labour and Employment, Dr Chris Ngige, to shelve his presidential aspiration, but Ministers of Niger Delta, Godswill Akpabio; Science and Technology, Ogbonnaya Onu and Minister of State for Education, Chukwuemeka Nwajiuba, resigned from office.
In the suit marked SC/CV/504/2022 and filed on April 29, Messrs Buhari and Malami are seeking an order of the apex court to strike out the section of the Electoral Act, which they argue was inconsistent with the nation’s Constitution.
According to the court document, the plaintiffs contend that the 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 of Federal Republic of Nigeria, 1999, (as amended), as well Article 2 of the African Charter on Human and People and Peoples Rights.
The plaintiffs also contended that the Constitution already provides qualification and disqualification for the offices of the President and Vice President, Governor and Deputy Governor, Senate and House of Representatives, House of Assembly, Ministers, Commissioners and Special Advisers.
They urged the Supreme Court to make: “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 of the Federal Republic of Nigeria, 1999, (as amended), 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.”
In the same vein, the National Assembly has asked the Supreme Court to strike out the suit instituted by President Buhari. 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 in Nigeria.
“We submit that the first plaintiff having on Friday, February 25, 2022, signed the Electoral Bill, 2022 into law in accordance with the Constitution, cannot approbate at the same time by making a U-turn by using the machinery of this Court as enshrined in Section 232 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and the Supreme Court (Additional Jurisdiction) Act of 2002 to partly undo that which by the provision of Section 58 of the Constitution of the Federal Republic of Nigeria 1999 (As Amended) has been done.
“By assenting to the passage of the Electoral Bill, 2022 into law, the first plaintiff has conclusively discharged his duty under the Constitution and there is no basis to attempting to undo that which he has done by virtue of his powers under Section 58 of the Constitution of the Federal Republic of Nigeria 1999 (as amended).
“My Lords, we must commend the audacious attempt by the plaintiffs to build a castle in the air. However, we must be guided by our knowledge of the law of physics and the dynamics of our mortal world in calling the plaintiffs to order so as to prevent the impending waste of state resources by embarking on what should be ordinarily be found within the infantile imagination of a six-year-old who is still exploring the infant probabilities of overindulgence in Marvel comics.”

 

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NGO Passes Confidence Vote On Fubara Over Dev Strides  

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A grassroots organisation known as Sir Siminalayi Fubara Peace Initiative, Friends For Good Governance, has passed a confidence vote on the Rivers State Governor, Sir Siminalayi Fubara over his development strides in the state within a short time in office.
Apart from the numerous development projects embarked upon by the governor in the state, the body expressed delight over the recent payment of N85,000.00 minimum wage to civil servants in the State to reduce the economic burden of workers and their dependants.
Spokesperson of the organisation, Chief Felix Ologara, who addressed newsmen in Bori, headquarters of Khana Local Government Area described Governor Fubara’s administration as the most compassionate, peace-loving and labour-friendly in Nigeria.
Coordinator of the NGO, Comrade Felix Nnaa,  also lauded the governor of Rivers State for staying focused on the development of the state despite the challenges by detractors of his administration.
The NGO  also commended the newly elected local government chairmen in the state, particularly the chairman of Khana LGA, Hon Martin Nwigbo and his Tai counterpart, Hon Mathew Dike for modelling their leadership style after Governor Fubara’s in providing essential services to the people.
On his part, the Chairman of Khana Local Government Area, Hon. Martins Nwigbo, who also spoke with the press assured that his administration will give priority attention to the development of Khana, particularly in providing security, economic empowerment, human capital development and restoration of power in the area.

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Ex-Inc President Harps On People-Centred Governance

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Former President of the Ijaw National Congress (INC), Professor Atuboyedia Obianime, has called for a people centred governance in Nigeria.
Prof. Obianime said this at the Rivers Liberation Summit and Awards organised by the Ijaw Wari Initiative Worldwide in Port Harcourt.
He said projects execution are good but government must come up with policies that will create employment opportunities for the people.
The former INC president particularly urged the Rivers State Governor, Sir Siminialayi Fubara, to revive all moribund industries with the view to creating jobs for the teeming unemployed youths in the state and stressed the need for the revamping of the agricultural sector in the state.
Also speaking, a former chairman of the Rivers State Independent Electoral Commission (RSIEC), Dr Sam Sam Jaja, said the Ijaws will never surrender their rights for any reason.
“We know where we come from and we know where we are now; we know the battle we fought and we know the battle we are still fighting and one thing is very important among us, we will never surrender our rights for any reason”, he said.
Dr Jaja said the Ijaws have been known to fight against oppression and marginalisation and commended the Ijaw Wari Initiative for complementing the INC.
“What we are doing today is to honour Ijaw sons and daughters who deserve to be honoured and of course we have one of our elderly sons to tell us what we have done in terms of pursuing leadership”, he added.
He also described the Ijaws as symbols of leadership, adding: “it starts from us and it will continue to remain with us for a long time”
Dr Jaja also declared that with an Ijaw man at the saddle of leadership in the State, the people will see a new phase of governance, adding that areas neglected will be touched, while expressing optimism that the event would equip the participants to face the challenges ahead.
In his welcome address, the president of Ijaw Wari Initiative Worldwide, Somina Wokoma, said the event was to “commemorate the October 30th, 2023, failed attempt to impeach our dear Governor which marked a turning point in our democratic journey”.
“As we converge on this epoch making occasion, we celebrate the triumph of democracy, people oriented leadership and the resilience of Rivers people”, he said.

John Bibor

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Group Tasks Rivers LG Chairmen On Aggressive Rural Dev

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A non- governmental organisation in Rivers State, the Niger Delta People’s Volunteer Force ( (NDPVF), Opobo/Nkoro Chapter, has tasked Chairmen of the 23 Local Government Areas of the State to urgently focus on aggressive infrastructural and human capital development projects.
This is contained in a statement released by the group in Port Harcourt shortly after her Chapter Executive Council ( CEC) meeting in Opobo Town, and signed by its Coordinator, Commander Idawari Brown; Secretary, Comrade Success Dinne Ebranga and Public Relations Officer, Comrade Lucky Ubani.
The group urged the chairmen and councillors to be proactive in the discharge of their assignment of dispensing quality service delivery in their areas of jurisdiction and admonished them to follow the leadership example of Governor Siminalayi Fubara.
“There is need for the Chairmen of various Councils in the state to ensure that they emulate the leadership style of the governor by building bridges of transformation, human capital development and youth inclusiveness in governance of their LGAs”, the statement said.
The group further admonished the chairmen of the various councils and their Councillors to put in their best in the leadership of their local areas for the well-being of the people.
“The people are in dire need of your contributions for better development bridges in terms of even distribution of development projects and programmes that will have direct- bearings on the people’s welfare and lives.
“They should include those who have what it takes to develop the areas through their contributions to move the area forward developmentally.
“We urge the chairmen of various councils and their councillors not to appoint anybody on political patronage in order to siphon the treasury of the councils.
“We would not tolerate this lackluster attitude from any council chairmen Councillors. The real thing should be done through those with leadership expertise and are ever ready to join forces with them to build a pleasant and virile Local Government Areas administration for posterity.

By: Bethel Toby

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