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Nigerian appelate court voids judgement on Section 84(12) of Electoral Act

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A Court of Appeal in Nigeria’s capital, Abuja, on Wednesday, voided an earlier judgement by a Federal High Court that nullified a controversial section in the country’s Electoral Act 2022 which bars political appointees from seeking elective office or voting as delegates in party primaries unless they resign from their positions.

The contentious section of the Electoral Act, Section 84(12), stipulates that “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.”

The Wednesday ruling by the Abuja Division of the Court of Appeal set aside an earlier judgment on
March 18 by Justice Evelyn Anyadike of a Federal High Court in Umuahia, Abia State in South-East Nigeria, which voided the provision of Section 8412) of the Electoral Act.

The appellate court in a judgment by a three-member panel headed by Justice Hamma Akawu Barka, held that the Umuahia division of the federal court had no jurisdiction to have entertained the case instituted by a plaintiff, Nduka Edede, arguing that the plaintiff lacked the locus standi to have filed the suit in the first place.

The Appeal Court added 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.

In delivering its judgment, the three-member panel of the appellate court headed by Justice Hamma Barka, held that the Umuahia court lacked jurisdiction to have adjudicated on the suit.

Nigeria’s main opposition party, the Peoples Democratic Party, PDP, had brought an ex-parte application before a Federal High Court in Abuja challenging a directive given to the National Assembly by President Muhammadu Buhari to remove the section of the Electoral Act.

The PDP had sought an order of the court restraining the National Assembly from effecting President Muhammadu Buhari’s request to remove section 84 (12) from the Electoral Act.

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.

Following the application, Justice Iyang Ekwo of the federal high court on March 7, had given a ruling restraining the President, the Attorney-General of the Federation, Abubakar Malami and the Senate President Ahmad Lawan from tampering with the 2022 Electoral Act which was signed into law early in the year.

Politics

Mozambique’s top court affirms governing party’s victory in recent election

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The highest court in Mozambique affirmed Monday that the incumbent Frelimo party won the October election, sparking widespread demonstrations from opposition parties who claim the vote was manipulated.

Fears of fresh bloodshed have been raised in the nation already shaken by weeks of fatal protests after Mozambique’s top electoral court mostly confirmed the results of the country’s contentious October elections, reinforcing the Frelimo party’s decades-long hold on power.

The final decision on the election process rests with the Constitutional Council. Mozambique, a nation of over 35 million people in Southern Africa that Frelimo has ruled since 1975, is expected to see more protests in response to its judgement.

Mozambique operates a framework of a semi-presidential representative democratic republic in a multi-party system. The president of Mozambique serves as both the head of state and the head of government.

The government exercises executive power. The administration and the Assembly of the Republic have the authority to enact laws.

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Alliance of Sahel States opposes ECOWAS disengagement schedule

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The Economic Community of West African States (ECOWAS) withdrawal timeline has been rejected by the Alliance of Sahel States (AES), which is made up of Mali, Burkina Faso, and Niger.

The AES claims that the ECOWAS is attempting to destabilise their newly formed organisation.

During a meeting last week in Abuja, Nigeria, the regional organisation announced a six-month withdrawal period to give the three nations time to change their minds after their official departure date at the end of January 2025.

However, this decision is “nothing more than yet another attempt by the French and its auxiliaries to continue planning and carrying out destabilising actions against the AES,” according to the heads of state of the AES.

“This unilateral decision is not binding on the ESA countries,” the statement continues. Before the conference, they stated that their choice to leave the organisation was “irreversible.”

According to the president of the Ecowas Commission, this will be a “transition period” that ends on “July 29, 2025” to “keep the doors of Ecowas open.”

The three nations accused the bloc of neglecting to assist them in resolving their domestic security challenges and of imposing “inhumane and irresponsible” sanctions related to the coup.

The three nations that were involved in the coup have mostly rejected ECOWAS’ attempts to undo their withdrawal. They are creating their alliance and have begun thinking about how to issue travel passports independently of ECOWAS.

It is anticipated that they will finish giving their one-year notice of departure in January.

Visa-free travel to other ECOWAS members is a significant perk of membership, and it is unclear how this would alter after the three nations exit the group.

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