Politics

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

Published

2 years ago

May 11, 2022

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.

Related Topics:Court of Appeal Electoral Act Featured Nigeria

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Politics

Again, Rwanda denies it attacked displaced persons in DR Congo

Published

19 hours ago

May 4, 2024

Ifeoluwa Dada

For the sixteenth time, Rwanda refuted US charges on Saturday that its troops attacked a camp for internally displaced persons in the eastern Democratic Republic of the Congo (DRC), placing the blame instead on militants it claimed were backed by the military of the Congo.

The US State Department released a statement in which it vehemently denounced the incident that claimed at least nine lives on Friday.

There have been persistent accusations against Rwanda of providing support to the armed organizations, which has resulted in diplomatic tensions between the neighbours in East Africa.

Citing the threat that Rwanda’s surface-to-air missile systems posed to civilians, U.N. and other regional peacekeepers, aid workers, and commercial aircraft operating in the eastern Democratic Republic of the Congo (DRC), the US demanded in February that Rwanda remove its systems and all of its armed forces from the DRC immediately. Rwanda denies providing any assistance to the rebels.

According to the U.S. statement, the M23 rebel group, which Rwanda supports, and the Rwandan Defense Forces (RDF) held the positions from which the attack was launched. The United States is “gravely concerned about the recent RDF and M23 expansion” in eastern Congo.

Speaking on behalf of the Rwandan government, Yolande Makolo refuted claims that the RDF was responsible for the attack, blaming instead rebels backed by the Congolese military.

“The RDF, a professional army, would never attack an IDP (displaced persons). Look to the lawless FDLR and Wazalendo supported by the FARDC (Congolese military) for this kind of atrocity,” she said in a post on X.

Wazalendo is a Christian sect, while the Democratic Forces for the Liberation of Rwanda (FDLR) is a Hutu organization that was founded by Hutu officials who left Rwanda after planning the 1994 genocide.

Thousands of people from the surrounding areas have fled to Goma in eastern Congo as a result of the M23 rebels’ two-year offensive, which has advanced toward the city in recent months.

Politics

Liberia: President Boakai signs order to create war crimes court

Published

20 hours ago

May 4, 2024

Ifeoluwa Dada

To provide long-overdue justice to those who suffered grave injustices during the two civil wars that raged in Liberia, President Joseph Boakai has signed an executive order to establish a war crimes court. Boakai granted his final approval and congratulated the lawmakers for their effort in the legislation.

Many atrocities, such as rape, massacres, and the use of child soldiers, occurred during the wars that lasted from 1989 to 2003. A special court was eventually ordered to be established to try those who were deemed to be at fault by the Truth and Reconciliation Committee.

President Boakai proposed a resolution to create a special court, which was later backed by Liberia’s lower house and senate.

“The conviction that brings us here today is that, for peace and harmony to have a chance to prevail, justice and healing must perfect the groundwork,” Boakai said in a special address.

Activists and civil society organizations that have demanded greater justice for crimes committed during the conflicts that claimed the lives of almost 250,000 people have praised the initiative.

With support from global organizations like the UN, the court would function in Liberia under international norms once it was operational. Economic offences will also be handled by it.

Meanwhile, some in Liberia are against its development, arguing that it could weaken the amnesty law that was already in place and cause old grievances to resurface. This helped put a stop to the violence.