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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

Ugandan opposition politician abducted, wife says

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According to his wife on Wednesday, a well-known opposition leader from Uganda, Kizza Besigye was abducted during a book launch in Kenya over the weekend, taken to Uganda, and detained at a military prison in Kampala.

Despite his rejection of the results, Besigye has run against Ugandan President Yoweri Museveni four times and lost each time, claiming voting intimidation and fraud. He has been arrested several times in the past.

“I request the (government) of Uganda to release my husband Dr Kizza Besigye from where he is being held immediately,” said his wife Winnie Byanyima.

It was not immediately possible to get in touch with a Ugandan military spokesperson for comment.

“As police we don’t have him, so we can’t make any comment,” Ugandan police spokesman Kituuma Rusoke told Reuters.
A spokesperson for Kenya’s national police did not immediately respond to a request for comment.

Besigye’s Forum for Democratic Change (FDC) party, one of Uganda’s major opposition parties, had 36 members arrested by Kenyan police in July. They were then deported to Uganda and accused of terrorism-related charges.

On the social networking site X, Byanyima stated that Besigye, who served as Museveni’s doctor during the guerrilla war but later turned into a vocal opponent, was abducted on Saturday as senior Kenyan opposition leader Martha Karua was launching a book.

“I am now reliably informed that he is in a military jail in Kampala,” said Byanyima, who is the executive director of UNAIDS, the United Nations Programme on HIV/AIDS. “We his family and his lawyers demand to see him. He is not a soldier. Why is he being held in a military jail?”

Museveni’s administration has been charged with repeatedly violating the human rights of opposition leaders and followers, including extrajudicial executions, torture, and unlawful detentions.

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Sudan army chief Burhan meets US envoy

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The United States special envoy to Sudan has made his first trip to the African nation, hoping to bring an end to a horrific war and boost relief to millions of people in need.

After being appointed Washington’s ambassador to Sudan in February, Tom Perriello visited Port Sudan, the army-led government’s de facto capital on the Red Sea coast.

For the first time since the evacuation of the U.S. embassy in April 2023 due to the conflict between the Sudanese Armed Forces and the paramilitary Rapid Support Forces (RSF), a top U.S. official visited the nation.

“We feel an enormous amount of urgency to end this crisis and to ensure that we can … help to get food and medicine and life-saving support to the 20 million people plus that are in need,” a State Department official said before the trip.

Over 25 million people, or half of Sudan’s population, require help, according to the U.N., as hunger has spread to one area and over 11 million people have abandoned their homes.

Sudan’s sovereign council stated in a statement that Perriello spoke with tribal, government, and humanitarian figures in addition to Abdel Fattah al-Burhan, the country’s army head.

During what the council described as a “lengthy, comprehensive, and frank” discussion, the two men talked about how to provide humanitarian help and how to end the war through a political process.

“The U.S. envoy presented several suggestions which the head of the sovereign council agreed to,” the statement said.

Although the army declined to join U.S.-mediated peace negotiations in Geneva earlier this year, the meetings did obtain commitments from the warring parties to increase access to aid.

A power battle between the army and the RSF preceded a planned shift to civilian government, which is why the conflict broke out more than a year ago.

Perriello discussed “the need to cease fighting, enable unhindered humanitarian access, including through localized pauses in the fighting to allow for the delivery of emergency relief supplies, and commit to a civilian government,” a State Department statement said.

“Right now, I think there’s a key opportunity to build on the expansion of humanitarian aid,” the State Department official stated, emphasising the need for relief corridors to the most battle-ravaged areas, such as al-Fashir, Sennar, and parts of the capital Khartoum, even though the U.S. would continue to pursue a more comprehensive ceasefire and negotiations.

Last Monday, Sudan’s sovereign council announced that it would prolong the temporary opening of the Adre border crossing with Chad. According to relief organisations, this crossing is essential for delivering food and other supplies to famine-prone portions of the Darfur and Kordofan regions.

An RSF official stated at a press conference in Nairobi that while they were still amenable to peace, they had doubts about the army’s readiness.

“They do not listen to any language but that of the rifle, and so we will continue to talk to them in the language they understand,” said Brigadier General Omar Hamdan.

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