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Tag: Electoral Act

  • Another Buhari’s Minister withdraws from 2023 election race

    Another Buhari’s Minister withdraws from 2023 election race

    Women Affairs Minister Pauline Tallen has dropped her senatorial ambition in the 2023 election.

    Tallen made this known in a statement in Abuja.

    She said her decision was to enable her focus on the foundation laid towards the advancement and realisation of gender equality in leadership positions in the country.

    “With profound gratitude and great humility, I have decided to voluntarily step down from the Senatorial race sequel to the yearnings of Women and other well meaning Nigerians.

    “Who see the need for a strong voice for Women at the Senate having consulted widely with my family, well-wishers and supporters conscious of the role I play for Women in Nigeria today.

    “So to all Nigerian Women and young girls who have raised concerns as to what next, rest assured that I, Dame Pauline K. Tallen, OFR, KSG have not submitted any resignation letter.

    “And therefore, it is my decision not to go ahead with this request but carry on as the Minister of Women Affairs,” she said.

    According to her, President Buhari’s commitment to the advancement of Women, necessitated the need for her to continue as the minister, which will aide in addressing challenges affecting women and children.

    “Our nation has a long standing commitment in overcoming the challenges that inhibit women from bringing about positive changes and the requisite impacts when given a place at the table of decision making.

    “My appointment as the Minister of Women Affairs is indicative of this progress and I cannot lose sight of this opportunity,” she said.

    “The minister, therefore expressed her appreciation to the wife of the president, Dr Aisha Buhari, her constituency and all well-wishers for their continuous support.

    Recall that on May 8, Tallen announced that she will be vying for the Plateau South Senatorial seat in the 2023 general elections.

    Plateau South Senatorial District covers six local government areas namely, Langtang North, Langtang South, Mikang, Qua’anpan, Shendam, and Wase.

    Buhari had on Thursday, issued a directive to all appointees seeking nomination ahead of the APC primaries to resign on or before May 16.

    The directive followed the decision of the Court of Appeal to dismiss a suit that challenged section 84(12) of the Electoral Act, which prohibits appointees from participating in a convention as a delegate or nominee.

  • ELECTORAL ACT: Court of Appeal was right on saying FHC lacked jurisdiction to entertain the matter- Chief Uwazurike

    ELECTORAL ACT: Court of Appeal was right on saying FHC lacked jurisdiction to entertain the matter- Chief Uwazurike

    Former President of Igbo think tank group, Aka Ikenga, Chief Goddy Uwazurike, on Thursday, said the Court of Appeal was on firm ground when it declared that the Federal High Court (FHC) Umuahia, lacked the jurisdiction to entertain the matter.

     

    TheNewsGuru.com (TNG) reports that the Court of Appeal, Abuja Division, on Wednesday, set aside the judgment of the Federal High Court in Umuahia, which voided the provision of Section 84(12) of the Electoral Act 2022.

     

    Chief Goddy Uwazurike

     

    Reacting to the Court of Appeal ruling, Uwazurike said: “The major reason is that the plaintiff had no locus standi to file the suit. It’s important to point out that a few days before the Umuahia case was filed, one man had gone to the Federal High Court sitting in Ibadan with the same prayers.

     

    “The presiding judge, Justice Agomoh struck out the suit on the ground of lack of locus standi. Locus standi actually means, what are you standing on or what concerns you personally. In a claim in any court, a litigant states how it affects him. So, the Court of Appeal is on solid ground in this regard.

     

    “Now, the next issue is the opinion of the court on the constitutional position of section 84(12) of the Electoral Act. The Supreme Court has stated that the Court is expected to give an opinion on the issues before the court. This is because the matter can be resolved completely by the Supreme Court.

     

    “But the judgment of the court today is that the Federal High Court sitting in Umuahia had no jurisdiction over the case. So the Electoral Act as signed into law by Mr President is the law today.”

  • ELECTORAL ACT: Court of Appeal was wrong to say claimant had no locus standi to have brought the action- Oyesanya SAN

    ELECTORAL ACT: Court of Appeal was wrong to say claimant had no locus standi to have brought the action- Oyesanya SAN

    A Senior Advocate of Nigeria, Mr Adekunle Oyesanya, has faulted Wednesday’s decision of the Court of Appeal, Abuja Division, on Section 84(12) Of Electoral Act, saying “they were in error to have held that the claimant had no locus standi to have brought the action”.

    While delivering judgment on Wednesday, the three-member panel headed by Justice Hamma Barka held set aside the judgment of the Federal High Court in Umuahia which voided the provision of Section 84(12) of the Electoral Act 2022.

     

    The Court of Appeal held that the Federal High Court, Umuahia, had no jurisdiction to have entertained the case as the plaintiff, Nduka Edede, lacked the locus standi to have filed the suit in the first instance.

     

    The court added that Mister Edede did not establish any cause of action to have warranted him approaching the court on the issue because he did not establish that he was directly affected by the provision.

     

    The Court of Appeal then struck out the suit filed by Edede, but referred the appeal against the Federal High Court judgement to the Supreme Court for interpretation.

     

    Reacting to the development, the senior advocate said: “With the greatest respect to Their Lordships of the court of appeal, they were in error to have held that the claimant had no locus standi to have brought the action.

     

    “The Supreme court has laid it down in a number of cases, including FAWEHINMI V BABANGIDA( 2003) that every citizen has a right to bring an action that challenges the constitutionality of a statute.

     

    “However, the Court, in my opinion, was right in striking down section 84(12) of the Electoral Act. That section fails the test of being consistent with the constitution.

  • Why Court of Appeal is unfit to rule on Section 84(12)- Worer Obuagbaka

    Why Court of Appeal is unfit to rule on Section 84(12)- Worer Obuagbaka

    A Lagos-based lawyer, Mr Worer Obuagbaka, has explained why the Court of Appeal, Abuja, cannot declare the provision of section 84(12) of the Electoral Act unconstitutional.

     

    Worer, noted that the Court of Appeal may be expressing its opinion.

     

    He asserted that the Court of Appeal, having set aside the judgment of the Federal High Court, FHC, Umuahia, for lack of jurisdiction, cannot deliver a ruling on the same.

    He noted that the media report on Wednesday’s ruling by the Court of Appeal, Abuja, may not be the proper details, hence requesting a certified true copy of the court for more reaction.

     

    In his words: “This may not be the proper report of the judgment. One needs to read the certified true copy of it to know what actually transpired at the Court.

     

    “However going by the report, I believe that the Court of Appeal has restored the provision of section 84(12) of the Nigerian Electoral Act 2022.

     

    “The Court of Appeal, having set aside the judgment of the Federal High Court Umuahia, for lack of jurisdiction , cannot deliver a ruling on same. A court of law cannot approbate and reprobate on the same issue. In fact , you cannot put something on nothing and expect it to stand.

     

    “Therefore, the Court of Appeal cannot declare the provision of section 84(12) of the Electoral Act unconstitutional. The Court may be expressing its opinion, which is not law.”

     

    TheNewsGuru.com (TNG) had reported that the Court of Appeal, On Wednesday, ruled that Section 84(12) of the Electoral Act is unconstitutional and that it violates Section 42 (1)(a) of the Constitution of the Federal Republic of Nigeria.

     

    According to the Court of Appeal ruling, Section 84(12) of the Electoral Act denies a class of Nigerian citizens their right to participate in an election.

     

    TNG reports that Section 84(12) provides that political appointees of the president and governors cannot partake in party primary elections.

  • Reps pass Section 84 (8) of Electoral Amendment Act

    Reps pass Section 84 (8) of Electoral Amendment Act

    The House of Representatives has passed Section 84(8) of the Electoral Amendment Act, 2022 to allow statutory delegates to participate in political parties’ congresses and conventions.

    The house amended the clause after considering a Bill sponsored by the Chairman, House Committee on Rules and Business, Rep. Abubakar Fulata at plenary on Wednesday in Abuja.

    The Bill is entitled, “A Bill for an Act to Amend the Electoral Act, No. 13, 2022” The current version, which was assented to by President Muhammadu Buhari in February, prevented statutory delegates from taking part in party primaries.

    According to Section 84 (8) of the Electoral Amendment Act, a political party that adopts the system of indirect primaries for the choice of its candidates shall clearly outline in its constitution and rules the procedure for the democratic election of delegates.

    This according to the Act is to vote at the convention, congress or meeting, in addition to statutory delegates already prescribed in the constitution of the party

    Statutory delegates include: councillors, local government chairmen and their vices, political party chairmen in all the 774 LGAs, state and federal lawmakers.

    Others are: Governors and their Deputies, President and Vice President, political parties’ National Working Committee members, state party chairmen and secretaries.

    The amendment will allow statutory delegates, in addition to the delegates elected by various political parties at congresses and conventions to elect candidates for various political offices.

    It would be recalled that the Senate had on May 10, passed the same Act.

  • Electoral Act: Appeal Court rules Section 84(12) unconstitutional

    Electoral Act: Appeal Court rules Section 84(12) unconstitutional

    The Court of Appeal has ruled that Section 84(12) of the Electoral Act is unconstitutional and that it violates Section 42 (1)(a) of the Constitution of the Federal Republic of Nigeria.

    TheNewsGuru.com (TNG) reports, in a judgment on Wednesday in Abuja, the Court of Appeal ruled that the Section denied a class of Nigerian citizens their right to participate in election.

    The three-member panel of the Court headed by Justice Hamma Akawu Barka affirmed that the Federal High Court Umuahia had no jurisdiction to hear the case brought by Nduka Edede and, therefore, struck it out.

    According to the Appeal Court, the plaintiff lacked the locus standi to have filed the suit in the first place.

    Besides, the appellate court said that Edede did not establish any cause of action to have warranted his approaching the court on the issue because he did not establish that he was directly affected by the provision.

    The Court of Appeal as such struck out the suit against Section 84(12) marked: FHC/UM/CS/26/2022 which Edede filed before the Umuahia court.

    TNG reports that Section 84(12) provides that political appointees of the president and governors cannot partake in party primary elections.

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    The Appeal Court judgment, therefore, lifted the suspense over the eligibility of the ministers affected.

  • Electoral act 2022: President, others to vote at party primaries

    Electoral act 2022: President, others to vote at party primaries

    The Senate has amended the Electoral Act 2022, to allow ‘statutory delegates’ to participate and vote in political parties’ conventions, congresses and meetings.

    This followed the passage of the amendment bill on the act at the Committee of the Whole on Tuesday in Abuja.

    The bill was sponsored by Deputy Senate President Ovie Omo-Agege.

    Presenting the bill, Omo-Agege said that it sought to amend the provision of Section 84(8) of the Electoral Act.

    According to him, the provisions of the section does not provide for the participation of what is generally known as ‘statutory delegates’ in the conventions, congresses or meetings of political parties.

    “The extant section only clearly provides for the participation of elected delegates in the conventions, congresses or meetings of political parties held to nominate candidates of political parties.

    “This is an unintended error, and we can only correct it with this amendment now before us,” he said.

    He named that the statutory delegates to include the President, Vice President, members of the National Assembly, governors and their deputies.

    He said that others were lawmakers at the State Houses of Assembly, Chairmen of local councils, councilors and members of National Working Committees of political parties among others.

    In his remarks, President of the Senate Ahmad Lawan said that the amendment became imperative in view of the deficiency created by the provision of Section 84(8) of the Extant Act.

    “The amended Electoral Act of 2022 that we passed this year has a deficiency that was never intended and that deficiency will deny all statutory delegates in all political parties from participation in congresses and conventions.

    “And, therefore, such a major and unintended clause has to be amended before the party primaries starts in the next eight days. This is an emergency legislation, so to speak.

    “Our expectation is that the National Assembly – the two chambers – would finish with the processing of the amendment of this bill, between today (in the Senate) and tomorrow (Wednesday) in the House of Representatives and then the Executive will do the assent,” he said.

    He added: “That is so important to enable every statutory delegate to participate in the party primaries right from the beginning that will start on the May 18.

    “So, this is an emergency effort to ensure that nobody is denied his or her rightful opportunity as a delegate especially the statutory delegates, and these are those who are elected.

    “These are the President, Vice President, members of the National Assembly, Governors, members of the State Houses of Assembly, Chairmen of Council and their Councilors, National Working Committee members of all the political parties and so on.

    “This is a fundamental effort to ensure that we address this within the week, so that by next week, the Electoral Act 2022 (amended version), will be very salutary for us to start our party primaries.”

  • 2023 Election:We will not yield to your request -INEC to Political parties

    2023 Election:We will not yield to your request -INEC to Political parties

    The Independent National Electoral Commission (INEC) has finally responded to appeals from All Progressive congress asking for extension of primary elections timetable.

    INEC made it clear on Thursday that it will not extend the deadline for the conduct of primaries.

    The electoral body reiterated via a statement that the deadline remains “firm and fixed” for Friday, June 3.

    It advised political parties to make use of the 1 month from today to conclude their primaries .

    TheNewsGuru.com reliably gathered through a statement issued and signed by Festus Okoye, the National Commissioner & Chairman of INEC.

    Okoye said all 18 political parties were given enough time to carry out their conventions and congresses, primaries for the purpose of nominating candidates for various elective offices.

     

    ”It will be recalled that on 26th February 2022, the Commission released the Timetable and Schedule of Activities for the 2023 General Election. It provides for parties to conduct their primaries for the nomination of candidates from 4th April to 3rd June 2022.

    In compliance with section 82(1) of the Electoral Act 2022, all 18 political parties have served the required notices indicating the dates for their conventions, congresses, and primaries for the purpose of nominating candidates for various elective offices as specified in the Constitution and the Electoral Act. Some of the parties have already commenced the process for which the Commission has deployed staff to monitor the exercise as required by law.

    ”Given the importance of the exercise to the emergence of candidates for the various elective positions for the 2023 General Election, it is imperative to remind political parties that they have one month from today to conclude their primaries. The deadline remains Friday 3rd June 2022.

    ”While urging the parties to ensure rancour-free and transparent exercise, the Commission reiterates that the deadline is firm and fixed.

    ”Nominations for Presidential and National Assembly elections shall be submitted through the INEC web portal from 10th to 17th June 2022 while Governorship and State Houses of Assembly nominations shall be submitted between 1st and 15th July 2022.

    ”Political parties are further reminded that they must submit to the Commission the list of candidates who must have emerged from valid.

    ”The Commission will continue to work with political parties to ensure fidelity to the Constitution, the Electoral Act, and the timelines for all the activities contained in the Timetable and Schedule of Activities for the 2023 General Election.”

     

     

     

     

     

     

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  • Electoral Act: Only Appeal Court can upturn judgment on Section 84(12) – Malami

    Electoral Act: Only Appeal Court can upturn judgment on Section 84(12) – Malami

    Justice Minister Abubakar Malami, SAN, says only the Court of Appeal can restore Section 84(12) into the Electoral Act, 2022.

    Malami told Justice Inyang Ekwo of a Federal High Court (FHC), Abuja, in a counter affidavit filed on his behalf by his counsel, Oladipupo Okpeseyi, SAN.

    The counter affidavit, marked: FHC/ABJ/CS/247/2022, was deposed to by Abimbola Akintola, a legal practitioner.

    The Peoples Democratic Party (PDP) had sued the President, the Attorney General of the Federation (AGF), Senate President, Speaker of the House of Representatives and Clerk of National Assembly.

    It also sued Senate Leader, House of Representatives Leader and the Independent National Electoral Commission (INEC) as 1st to 8th defendants respectively.

    Others include Deputy Senate President, Deputy Speaker of House of Representatives, Deputy Senate Leader and Deputy Leader of the House of Representatives as 9th to 12th defendants in the matter.

    The PDP had challenged the legality or otherwise of the National Assembly tinkering with the Electoral Act, after it had been signed into law by President Muhammadu Buhari.

    Amidst debate about the subject matter, a Federal High Court sitting in Umuahia and presided over by Justice Evelyn Anyadike, on March18, ordered the AGF to delete Section 84(12) of the Act.

    Anyadike, in the judgment, held that the section was “unconstitutional, invalid, illegal, null, void and of no effect whatsoever and ought to be struck down as it cannot stand when it is in violation of the clear provisions of the Constitution.”

    Anyadike held that Sections 66(1)(f), 107(1)(f), 137(1)(f), and 182(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.

    Reacting,, the AGF said that both the National Assembly and PDP had since appealed the judgment.

    He said “it is only the Court of Appeal that can restore the section into the Electoral Act and not any high court.”

    He said the PDP suit had become academic and constituted abuse of court process on the strength of the pending Court of Appeal matter.

    The AGF, therefore, prayed the court to dismiss the PDP suit.

    He argued that PDP should not be allowed to take over the functions of the National Assembly since it had no power to amend or enact law.

    Malami, who averred that PDP had nothing to suffer if the contentious section is deleted, said that removing the section would deepen the practice of democracy and stop discrimination against public servants and public office holders.

    When the matter came up on Thursday, counsel to the parties in the suit informed that processes had been filed and served on one another.

    Justice Ekwo adjourned the matter until May 16 for hearing.

    Section 84(12) reads: “No political appointee at any level shall be a voting delegate or be voted for at the convention or congress of any political party for the purpose of the nomination of candidates for any election.”

  • Electoral Act: Ngige, Fashola, Amaechi cleared to vote at APC national convention

    Electoral Act: Ngige, Fashola, Amaechi cleared to vote at APC national convention

    The Minister of Labour and Employment, Dr Chris Ngige; Minister of Works and Housing, Babatunde Fashola and the Minister of Transportation, Rotimi Amaechi have been cleared to vote in the ongoing national convention of the All Progressives Congress (APC).

    The APC made special concessions for the serving political appointees, who have previously served as Governors in their respective States in other for them to be able to vote at the national convention.

    TheNewsGuru.com (TNG) reports Amaechi has served as the governor of Rivers State, Ngige served as governor of Anambra State, and Fashola served as governor of Lagos State.

    According to the Governor of Nasarawa State, Abdullahi Sule, who is the Chairman of the publicity sub-committee for the APC national convention, the former governors would be given concessions because the party’s constitution makes them statutory delegates.

    “Our delegates’ lists are statutory delegates. So if you have a former president as a political appointee, if you have a former senator as a political appointee, these are already automatic delegates.

    “Let’s not confuse the two just because being an appointee doesn’t necessarily take you out of being a delegate, because our delegates are classified clearly. Former presidents from our party, former elected personalities, party officials and the rest are delegates.

    “So if you are talking of the ones we have submitted now, we don’t have commissioners, we don’t have advisers, we don’t have all those unless somebody particularly who was a former this or former that. In that case, just being an appointee doesn’t completely exclude such a person from being a delegate,” Governor Sule emphasized.