The Court of Appeal has set aside the judgment of the Federal High Court in Umuahia which voided the provision of Section 84(12) of the Electoral Act 2022.
In a judgment on Wednesday in Abuja, a three-member panel of the court headed by Justice Hamma Akawu Barka held that the Federal High Court Umuahia had no jurisdiction to have entertained the case because the plaintiff, Nduka Edede, lacked the locus standi to have filed the suit in the first place.
The appellate 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.
The Court of Appeal struck out the suit marked: FHC/UM/CS/26/2022 which Edede filed before the Umuahia court.
While determining the appeal on the merit, the appellate court however held that the provision is unconstitutional because it violates Section 42 (1)(a) of the Constitution and denied a class of Nigerian citizens their right to participate in election.
The judgment was on the appeal marked: CA/OW/87/2022 filed by the PDP.
Ahead of the 2023 Presidential election, a group under the aegis of National Stability Project has hailed the Chief Whip of the Senate, Senator Orji Uzor Kalu, All Progressives Congress, APC, Abia North for withdrawing from the Presidential race and supporting the Presidential aspiration of the President of the Senate, Senator Ahmad Lawan.
In a statement on Tuesday by the National Stability Project, a foremost political pressure group while commending the former Abia State Governor for withdrawing from the Presidential race and throwing his weight behind Lawan, said that with the action, Senator Kalu has distinguished him as a patriotic and selfless personality.
Recall that Senator Kalu who recently withdrew from the Presidential race said on Monday that he was backing the President of the Senate for the actualization of his aspiration to succeed President Muhammadu Buhari in 2023, just as he cited the lack of support from other Southern regions for South East.
The National Stability Project urged other Nigerians from all the regions, nooks, and crannies of the country to support Senator Lawan in his bid to rescue and rebuild the nation.
Recall that after weeks of suspense, political intrigues, and permutations, the President of the Senate on Monday finally joined the growing list of Presidential aspirants on the platform of the ruling APC to succeed the incumbent, President Muhammadu Buhari come 2023.
A group of his friends, political associates under the aegis of the National Stability Project led by Chief Sam Nkire who is a member of the National Caucus of the party as well as Pioneer Caucus Leader, Abia APC, and 15 other Senators, among others, purchased the form for Lawan who presently represents Yobe North in the Senate at the International Conference Centre, ICC, Abuja.
Soon after the purchase of the forms, members of the group drove straight to the Maitama Guest House of the President of the Senate to present the form to him.
Member representing Ikwuano/Umuahia federal constituency, Honourable Sam Onuigbo has stated that he has the support of the people of his constituency to represent them at the Senate in 2023 because of his sterling performance at the House of Representatives where he has been a member since 2015.
He revealed this recently in an interview with newsmen in Abuja.
According to the Federal lawmaker, he has redefined represent with his own adopted style which has seen massive developments in his constituency, a feat he said he will also repeat if he emerges a Senator.
Onuigbo had recently declared his intention to represent the people of Abia Central in 2023 in Umuahia where he reiterated that the highest office belongs to the citizens who use the power of their thumb to elevate leaders to positions of trust.
He said, “And of course, I failed to inform you that I promised them that I will attempt to redefine representation so that representation is moved away from the prism of he has skyscrapers, he has a long convoy of cars, to, how you have used the powers given to you through the thumbs of your constituents to impact positively and meaningfully on their wellbeing.
“From there, they are showing tremendous support and encouragement for me to continue to represent them in any capacity they choose, whether in the House of Representatives or in the Senate.”
While stating that attracting basic infrastructure is not the function of the executive, Hon. Onuigbo said such has become important for Nigeria that is a developing nation so that the constituents will feel the impact of governance.
He also reeled out some of his achievements since he came to the House of Representatives. “Then, in terms of infrastructural developments, yes, it is not a legislative function but this is a developing economy and therefore as a developing country, you have to do those things that have the potentials to help your constituents to have a new feel, a better feel of life otherwise if you restrict yourself just to legislation alone, they would be probably be wondering why you went to Abuja. So, I have been able to facilitate major erosion control works one at Amankwo ezeleke in Umuopara clan of Umuahia south.
“Another one at Okwe, between Okwe and Obohio, that is in Ikwuano and these two major erosion control works were successfully executed and commissioned by ministers that represented Mr President. The one at Amankwo ezeleke was commissioned by Senator Heineken Lokpobiri when he was the minister for state for agriculture. And the one at Okwe was commissioned by Prof. Eta when he was minister of state for Niger Delta development.
“So, these were major erosion control works and I am still working on other ones that I have managed to pay for the survey plan, engineering works well because you know my federal constituency has well over 43 active erosion sites as we speak today.
“My village alone has 6. So, we will continue to do all these things and move them forward. Then, the road from Umuahia to Ikot-Ekpene, that is Umuahia-Ukwani-Ikot-Ekpene federal road, I have started working on that road. I moved the motion on this road far back May 21, 2016 and from then till now, I have been pursuing that road. But I am happy to say that fortunately after the road was awarded the first time but paucity of fund stalled it.
“I was able to work with the ministry of works and the road was eventually transferred to the NNPC road task credit scheme and the contractors have gone back to site and they are working now, that is 50km road and it is going to cost the federal government 13.2billion naira to execute. I have also been able to do major skills acquisition centres, one at Apumiri Ubakala and it is costing over 120million naira and it is at the completion stage.
“Then, I have done blocks of classrooms that I facilitated both at Umuajata Olokoro, Umujoto Olkoro, Nsirimo Ubalaka, Adanma Girls Secondary School at Ohuhu, Afugiri Ohuhu clan. That school in Ekemedi touches my heart because after it was constructed 72 years ago, I was the only person that came there and did something. I am also doing another one at Amaba and then we have another school that I facilitated at Umulu, Abamaisi also in Oboro, Ekemedi is in Oboro, Umulu is in Ibere.
“Then I have also done hospitals. I did one in Obohio Ibere. I did another one from foundation, the one in Obohio Ibere was restoration, the one in Oloku is from foundation to completion. And by the grace of God, I have also done or facilitated major electricity projects in places like Oponikpa in Ariama Usaka, Noro in also in Oboro, another one in Obohio Ibere, Udoru Oboro, Abama Olokoro, Amaeke Ibeku, Amake junction in Ibeku, that is around Okata. And another also in Umuagu Ngolori, and then, another one at world bar, another one at Isi Court. So, many things like that.
“By the grace of God, I am also the one who facilitated old Umuahia road going to Amakama in Olokoro, that one is nearing completion. It is about 80% completed and so many other things. Then, in terms of empowerment, I was able to do empowerment in different areas but particular one now that is really making everybody happy is the one I did in poultry where we provided galvanized cages, gave them N30,000, chicks at the point of lay, and then feed. The good news is that today, most of the people who got that, I did that twice, they are now self employed.”
A presidential aspirant on the platform of the Peoples Democratic Party (PDP), Mr Ayoola Falola, on Tuesday, approached the Federal High Court in Ibadan, the Oyo State capital, seeking to nullify the processes of the party’s primary elections ahead of the 2023 general elections.
The suit is challenging the party for charging N40m for its expression of interest and nomination forms in the forthcoming presidential election.
Falola joined the Independent National Electoral Commission (INEC) and National Chairman of the party, Iyorchia Ayu, in the suit.
In his prayers, a copy which was obtained by our correspondent, Falola deposed that the party lacked the power to issue guidelines requesting for payment of nomination and expression of interest forms from the claimant or any other member aspiring to contest for a public office in the forthcoming general elections.
Citing Section 84(3) of the Electoral Act 2022 and Sections 65, 66,106, 107, 131, 137, 177, 187, 224, 224 and 15(2) of the Constitution of the Federal Republic of Nigeria 1999 (as amended), the plaintiff prayed that the court should declare the process null and void.
He further declared that INEC had the power to monitor the operations of the PDP with regards to imposition in its constitution, guidelines or rules and additional nomination qualification or disqualification criteria.
Conference of Speakers and Heads of African Parliaments (CoSAP)on Tuesday agreed to pursue debt forgiveness for the continent from creditor-nations.
Speaker of the House of Representatives, Femi Gbajabiamila, disclosed this in Abuja while briefing reporters on the sidelines of a two-day conference which held in the nation’s capital.
“We talked about debt cancellation and debt forgiveness. We felt parliament should be involved and speak as one voice and speak to our creditors and make a case as to why we needed debt forgiveness,” he said.
“We also agreed that in doing so, we are going to push for a tripartite agreement between the creditors, the executive other governments and the legislators, reason being that even if your debt is forgiven and funds are freed up to be diverted in other areas like health, education, your creditors will need to assured that the institution that is responsible for appropriation is involved and that is the case we are making.
“CoSAP as an institution has made commitments, even signed commitments within ourselves and ready to commit to the creditors that we would follow the money.”
The session was chaired by the Speaker of the National Assembly of South Africa, Rt. Hon. Nosiviwe Mapisa-Nqakula.
Participants at the session, backing Gbajabiamila’s position, spoke on the need for parliaments to step up their oversight duties in tracking how the Executive spent the loans taken on behalf of countries, which ended as debt burdens or traps.
Some argued that in countries that secured debt reliefs, the parliaments must interrogate how the money returned to them was spent.
They pointed out that the creditor-nations, in considering the appeals for debt cancellation or relief, would look at several factors, including accounting for how the loans were utilised and the compliance of countries to agreements signed at the inception of the loan requests.
A Federal High Court sitting in Lagos has nullified the Asset Tracing, Recovery and Management Regulations, 2019, created by the Attorney-General of the Federation, AGF, Abubakar Malami, SAN, for being an invalid statutory instrument.
The court also nullified all sales and disposals of assets made by the AGF under the Asset Tracing, Recovery and Management Regulations, 2019.
It held that the provisions of the Asset Tracing, Recovery and Management Regulations, 2019, were “ultra vires the office and powers” of the AGF.
The AGF had on November 9, 2020, inaugurated the Inter-Ministerial Committee on the Disposal of Assets forfeited to the Federal Government, allegedly in accordance with the president’s directive in October 2018, following recommendations of the Presidential Audit Committee on Recovery and Management of Stolen Assets and a need for efficient management of the assets.
But Human and Environmental Development Agenda, HEDA through its counsel, Omotayo Olatubosun, challenged the AGF’s power to set up the committee.
Trial judge, Justice Ambrose Lewis-Allagoa made the order in a suit by Incorporated Trustees of HEDA Resource Centre, against the AGF as the sole defendant.
It argued that the Regulations conflicted with the Economic and Financial Crimes Commission, EFCC, Act; Trafficking in Persons (Prohibition) Enforcement and Administrative Act, 2015; National Drug Law Enforcement Agency, NDLEA, Act, 2004 and Independent Corrupt Practices Commission Act, ICPC, 2000, among others, on the matter of disposal of final forfeited assets.
In its judgment, the court dismissed the AGF’s preliminary objection argued by its counsel, Tolu Mokunolu, and granted all of HEDA’s reliefs as prayed.
Justice Lewis-Allagoa held: “I am entirely in agreement with the submission of counsel to the plaintiff that the Asset Tracing, Recovery and Management Regulations, 2019 are contrary to the statutory provisions of the EFCC Act, Trafficking in Persons Cohabitation Enforcement and Administration Act, NDLEA Act and Immigration Act.
“A careful perusal of the above statutory provisions will show the provisions for the AGF to make regulations for the agencies for disposal of assets under the various enactments listed above.
“The above statutory enactments are, therefore, the enabling source of the AGF to the regulations.
“Consequently, the administrative powers to be exercised by the AGF must flow from the enabling statutes.”
“It is pertinent to state that the powers of the AGF do not override the provisions of the enabling statutes stabilising the powers of the law enforcement agencies and anti-corruption agencies and consequently the powers referred to in the commencement clause of the regulations merely are to be exercised in accordance with the Acts not to usurp the mandatory powers vested in the law enforcement agencies and the anti-corruption agencies.
“I am, therefore, in agreement with counsel for the plaintiff that the executive orders or any other forms of definition can be issued pursuant to session 315 of the Constitution; however, they are limited to enactments predating the 1999 Constitution.
“The Acts under consideration in this instant suit were enacted after the 1999 Constitution and do not fall within the ambit of session 315 of the 1999 Constitution.
“In all and for the reasons hereinbefore given in this judgment, the questions put for determination in the originating summons are answered in favour of the plaintiff and all the reliefs sought are granted as prayed. This is the judgment of the court read in the open court.”
The plaintiff’s reliefs granted by the judge include a declaration that by the ICPC Act, the Asset Tracing, Recovery and Management Regulations, 2019 “is an invalid statutory instrument the former having conferred no power arrogated by the Defendant to himself in the latter regulations.
President Muhammadu Buhari on Tuesday night, received in audience the Chief Whip of the 9th Senate and former Governor of Abia state ,Senator Orji Uzor Kalu at his official residence in the Presidential Villa, Abuja.
Confirming the engagement with Mr. President, the Abia North Senator stated on his official social media handles that the discussions with President Buhari centred on Political and National issues disclosing that he departed the Presidential Villa at 10:05pm.
Decked in white native attire and Red coloured hat, Kalu was captured beaming with smiles as he exchanged pleasantries with President Buhari as depicted in the photograph he posted. Kalu, also expressed his satisfaction with the outcome of the meeting.
The meeting, though not the first, is believed to be a continuation of previous engagements between the two party stalwarts.
According to findings Senator Orji Kalu and President Buhari have maintained a relationship of over 30 years.
Taking to his Facebook page Orji kalu wrote; “Tonight, I was a guest to our dear President H.E Muhammadu Buhari .We had fruitful discussions bordering on national and internal party issues in some states.The President expressed gratitude in our discussion and I am happy with the outcome . I left him in high spirits at 10:05 pm.
Former President, Dr Goodluck Jonathan, arrived in Dakar on Tuesday to participate in a sub-regional dialogue on sustaining democratic principles in West Africa, his spokesperson, Ikechukwu Eze, has said.
According to him, the event was organised by the West African Elders Forum.
The trip came amidst controversy surrounding his presidential ambition for the 2023 election under the platform of the All Progressives Congress.
Eze in a statement titled, ‘Ex-President Jonathan arrives Dakar for sub-regional dialogue on democracy, peace’, said Jonathan who is the chair of WAEF would be declaring the event open alongside Senegalese President, Macky Sall.
He said, “The two-day programme, beginning on May 12, 2009, will provide the opportunity for former heads of state and other thought leaders in the sub-region to review recent socio-political developments, identify challenges and offer some recommendations that would enhance credible elections and peaceful transition of power in the sub-region.
“Other notable leaders from the sub-region expected at the event include former Sierra Leonean President Ernest Koroma, former United Nations Special Representative to West Africa and the Sahel, Mohammed Ibn Chambas and former President of the ECOWAS Commission, Dr Thomas Ouedraogo.
“Participants at the dialogue will be focusing on many issues affecting the growth of democracy in the sub-region including constitutional term limits, credible elections as well as the return of military coups and unconstitutional change of government.
“They will also examine processes of galvanizing and harnessing subregional and regional responses to the socio-political challenges affecting West Africa’s democratic progress and advancement.
“Since its inauguration last year, WAEF, an initiative of the Goodluck Jonathan Foundation, has continued to champion causes that promote, peace, democracy and good governance in the sub-region.
“Two months ago, the Forum made up of mainly former Presidents and prime ministers from the sub-region convened a strategy meeting where they shared their thoughts on the democratic trends in West Africa.
“During the inauguration of the Forum in March last year, Dr Jonathan, Chief Olusegun Obasanjo, and six other former West African leaders resolved to collectively exert their enormous goodwill towards ensuring peace in West African nations, by promoting credible elections and good governance, in order to prevent the nations from descending into crises.
“Other former Presidents who participated in the virtual event where a mechanism targeted at preventing and resolving election-related conflicts and maintaining stability in the sub-region was established include Pedro Pires Cabo Verde, Mrs Ellen Johnson Sirleaf Liberia, Amos Sawyer Liberia, Ernest Bai Koroma Sierra Leone as well as former Head of State General Abdulsalami Abubakar and Mrs Aminata Traore, former Senegalese Prime Minister.”
Ebonyi State Governor, Dave Umahi, has shared his conversation with President Muhammadu Buhari regarding Biafra agitator, Nnamdi Kanu.
The Indigenous People of Biafra (IPOB) leader faces treason charges filed by the Federal Government of Nigeria.
Umahi told State House correspondents in Abuja on Tuesday that a political solution could resolve the matter.
The governor said it was left for South-East leaders to ensure that the out-of-court settlement option works.
“The President repeatedly said the matter is in court, we must appreciate his pedigree and integrity.
“He cannot just as a President say he is going to destroy the matter in court.
“He said, ‘Your cultural leadership should be able to initiate that with Nnamdi Kanu’s lawyer’.
“This is over six months and we have been begging the President of Ohaneze to take up that responsibility.”
Umahi recalled meeting the Attorney-General of the Federation, Department of State Services (DSS) Director-General, and the Inspector General of Police.
The Ebonyi helmsman confirmed they are all disposed to negotiation, adding that “the ball is in our hand”.
Nigeria’s 18 registered political parties under the aegis of Inter-Party Advisory Council IPAC have appealed to the Independent National Electoral Commission INEC to tinker with its electoral timelines and shift the June 3 deadline for the conduct of primary elections by the parties.
The parties are asking the electoral umpire to shift the deadline by 37 days.
IPAC National Chairman, Engr. Sani Yabagi made the appeal on Tuesday in Abuja at the INEC’s interactive session with political parties.
