Politics

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

Published

3 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

Mali’s junta names spokesman Abdoulaye Maiga new Prime Minister

Published

5 hours ago

November 22, 2024

Ifeoluwa Dada

A day after dismissing Choguel Maiga for criticising the government, Mali’s governing junta named its spokesperson, Abdoulaye Maiga, as Prime Minister on Thursday, according to state broadcaster, ORTM.

A source close to Choguel Maiga told Reuters that the ruling generals were incensed by Maiga’s remarks over the weekend denouncing the junta’s inability to hold elections within the 24-month timeframe given for the return to democracy.

After promising to hold elections in February, the military authorities, who took control in two separate coups in 2020 and 2021, have put off the poll indefinitely, citing technological difficulties.

Choguel Maiga’s firing coincides with indications of growing discontent and disarray among Mali politicians, even those who first supported the coup and collaborated with the junta.

As the wait for elections continues, Choguel Maiga, a civilian prime minister who was installed by the military junta in 2021, is the most recent to lose support.

He was cited on Saturday as claiming he learnt of the junta’s decision via the media and that there had been no discussion regarding the delay of the elections inside the cabinet.

“It’s all happening in total secrecy, without the prime minister’s knowledge,” Choguel Maiga told reporters.

Before then, he had frequently stood up for Mali’s junta against criticism from foreign friends and neighbours in West Africa who denounced its repeated election delays and military collaboration with Russian mercenaries.

As government spokesperson, Abdoulaye Maiga, the new prime minister, has also made strong public remarks against France, the previous colonial master. One such speech was demanding French President Emmanuel Macron to stop his “neocolonial” and “condescending” behaviour.

Abdoulaye Maiga and Assimi Goita, the leaders of the junta, announced they had kept all of the important cabinet ministers in their portfolios in the new administration in a statement that was broadcast on state television ORTM.

The announcement said that Abdoulaye Maiga will remain minister of territory administration.

Politics

Congo opposition mobilizes protests against constitution review

Published

1 day ago

November 21, 2024

Ifeoluwa Dada

In response to President Felix Tshisekedi’s intentions to amend the constitution, opposition lawmakers in the Democratic Republic of the Congo have called for national protests on Wednesday.

Tshisekedi, who was sworn in for his second and last term in January, said that a panel would be formed in October to recommend possible constitutional amendments.

According to critics, it may be a ploy to lift term restrictions and give him another chance to run.

Tshisekedi said the current constitution, ratified by a referendum in 2005, needed to change because it did not align with the country’s current realities.

Opposition politicians, including former president Joseph Kabila and past presidential candidates Martin Fayulu and Moise Katumbi, issued a unified statement on Wednesday urging rallies to “block” Tshisekedi.

A request for a response from the Congo’s presidency was not answered.

Patrick Muyaya, the minister of communications, stated on Monday that discussions surrounding the constitutional revision should be de-politicized and that no one should doubt the president’s intentions.

“We’re at the beginning of our mandate… The President of the Republic still has four years to go, and we must avoid attributing intentions to him,” Muyaya told reporters.