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What next as Nigeria’s Supreme Court knocks out President Buhari’s suit challenging electoral act?

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Nigeria’s highest court, the Supreme Court on Friday knocked out a suit filed by President Muhammad Buhari and his attorney-General, Abubakar Malami, to challenge the controversial section 84(12) of the new assented Electoral Act.

The ruling, which was unanimously struck out the suit on the ground of being an abuse of court process, was delivered by a bench led by Musa Dattijo-Muhammad.

Other members of the bench who consented to the lead judgement are Dattijo-Muhammad, John Okoro, Amina Augie, Lawal Garba and Ibrahim Saulawa.

Aokmaye Agim, who delivered the lead judgement, held that Mr Buhari, having earlier assented to section 84 (12) of the Electoral Act 2022, cannot turn around to approach the court to strike it down.

Mr Agim said, “This suit cannot be entertained by this court under section 1(1) (a) of the Additional Jurisdiction of the Supreme Court Act. “

“There is no provision in the constitution that vests the president the power to challenge the constitutionality or desirability of a legislation after he has assented or denied his assent. In this case, the president gave his assent,” Mr Agim ruled.

The Nigerian President in March signed the reworked Electoral Act Amendment Bill 2022 after many years of back and forth. The new law among other provisions empowers the Nigerian Independent National Electoral Commission (INEC) to deploy technological solutions for elections in the country.

President Buhari in a letter to the National Assembly later asked the federal lawmakers to amend the Act, by deleting Section 84 (12), which, according to him, constitutes a “defect” that is in conflict with extant Constitutional provisions.

The clause 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.”

The Assembly however rejected President Buhari’s request to amend the provision.

Justice Agim added that “The president has no power to request or compel the national assembly to amend any part of the Act of the National Assembly in which he has participated in its making.”

The effect of the new law has seen a number president Buhari’s appointees resign particularly during the height of the ruling party, the All-Progressive Congress primary elections. Notably amongst them is the former Minister of Transportation, Rotimi Amaechi  who had to resign to pursue his presidential ambition.

Politics

Ghana’s Supreme Court reinstates ruling party’s majority

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The ruling New Patriotic Party regained its majority in the legislature ahead of the Dec. 7 election after Ghana’s Supreme Court declared on Tuesday that the speaker of parliament’s declaration of four seats as vacant was illegal.

 

Alexander Afenyo-Markin, the leader of the NPP caucus, petitioned the supreme court of the West African nation to reverse Speaker Alban Bagbin’s decision.

 

Bagbin had said that one member of the National Democratic Congress and two members of the NPP had resigned their seats when they registered to run as independents.

 

Another lawmaker with an NPP leaning filed as an NPP candidate to run for office.

 

Due to Bagbin’s decision, the NDC now holds 136 members in parliament, compared to the 135 held by the NPP, the party of outgoing President Nana Akufo-Addo.

 

The approval of Supreme Court nominees, loans, and bill enactments, as well as the presentation of a provisional budget for the first quarter of 2025, were all delayed by the indefinite postponement of two further parliamentary sessions.

 

In a televised decision, Chief Justice Gertrude Torkornoo declared that Afenyo-Markin’s appeal was successful by a majority vote of 5:2. She noted that the court will later submit the rationale for its ruling.

 

According to Afenyo-Markin, the decision permitted the parliament to return to its regular activities. Among other things, it is anticipated to approve a $250 million World Bank loan intended to support the financial industry and give corporations tax breaks.

 

 

A request for comment from Bagbin’s representative was not answered.

 

Although some observers predict a hotly contested election, opinion surveys suggest that primary opposition leader John Dramani Mahama will likely defeat NPP contender and incumbent Vice President Muhamudu Bawumia in next month’s election.

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Politics

Senegal: PM Sonko urges followers to avenge campaign violence

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Senegal’s Prime Minister, Ousmane Sonko, has advised Pastef party followers to exact retribution for claimed violence against them during the Sunday parliamentary election campaign.

 

Before a presidential election in March in some of the greatest disturbances in Senegal’s history, supporters of the prime minister, also president of Pastef, battled with police. Since Sonko’s ally, President Bassirou Diomaye Faye, won the vote, the nation has remained peaceful. He defeated then-president Macky Sall handily.

 

 

However, reports of periodic conflicts between various party supporters have surfaced recently as the nation gets ready for a legislative contest that will finally determine how much Faye and Sonko will be able to carry out their agenda.

 

Sonko claimed in a social media post attacks against Pastef supporters in the capital Dakar and other towns since campaigning began.

 

 

“May each patriot they have attacked and injured, be proportionally avenged. We will exercise our legitimate right to respond,” he wrote.

The text accompanied a photo of a young man showing a gashing wound on his forearm.

 

The first week of campaigning saw an increase in violence reported by a local civil society group involving conflicts between supporters in central Senegal and the burning of an opposition party headquarters in Dakar.

 

Calling for calm, the interior ministry said on Monday it had been notified of acts of violence and sabotage against party caravans and other campaign activity.

 

In order to stop damage, rights defender Alioune Tine asked politicians to exhibit “moderation and wisdom” in their speech and requested the interior ministry to invite various party representatives to meet.

 

 

“The verbal escalation has reached a critical threshold, we have the impression of going to war,” Tine posted on X.

 

 

Pastef is up against former ruling parties that have united ex-presidents Sall and Abdoulaye Wade into a coalition.

 

Dissolving the opposition-led national assembly in September, Faye accused legislators of not participating in substantive budget and other proposal debates.

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