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[JUST IN] Electoral Act: Appeal Court Sets Aside Judgment Voiding Section 84(12)

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The Abuja Division of the Court of Appeal on Wednesday set aside the judgment of Justice Evelyn Anyadike of a Federal High Court in Umuahia which voided the provision of Section 84(12) of the Electoral Act 2022.

The Appellate Court in a judgment by a three-member panel 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 Eddie, lacked the locus standi to have filed the suit in the first place.

The Appellate Court added that Eddie 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 Eddie filed before the FHC in Umuahia.

While determining the appeal on merit, the Appellate Court however held that the provision was unconstitutional because it violated Section 42 (1)(a) of the constitution and denied a class of Nigerian citizens their right to participate in the election.

The judgment was on the appeal marked: CA/OW/87/2022 filed by the Peoples Democratic Party.

Section 84(12) of the Electoral Act provides 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 nomination of candidates for any election.”

The PDP had sued the President, the Attorney General of the Federation, the Senate President, the Speaker of the House of Representatives, and the Clerk of the National Assembly.

It also sued the Senate Leader, House of Representatives Leader, and the Independent National Electoral Commission as 1st to 8th defendants respectively.

Others include Deputy Senate President, Deputy Speaker of the House of Representatives, Deputy Senate Leader, and Deputy Leader of the House of Representatives as 9th to 12th defendants in the matter.

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.

Amidst debate about the subject matter, a Federal High Court sitting in Umuahia and presided over by Justice Evelyn Anyadike, on March 18, ordered the AGF to delete Section 84(12) of the Act.

Anyadike, in the judgment, held that the section was “unconstitutional, invalid, illegal, null, void and of no effect whatsoever and ought to be struck down as it cannot stand when it violates the clear provisions of the Constitution.”

Anyadike held that Sections 66(1)(f), 107(1)(f), 137(1)(f), and 182(1)(f) of the 1999 Constitution already stipulated that appointees of government seeking to contest elections were only to resign at least 30 days to the date of the election.

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BREAKING: Court Finds Natasha Guilty Of Contempt, Fines Her N5 million

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The Federal High Court in Abuja on Friday convicted the senator representing Kogi Central Senatorial District, Natasha Akpoti-Uduaghan, for contempt over a satirical apology she posted on her Facebook page on April 27.

Justice Binta Nyako, delivering judgment in the suit filed by Senator Akpoti-Uduaghan challenging her suspension, began with the contempt application submitted by the Senate President, Godswill Akpabio.

Akpabio, in his application, argued that the senator’s social media post breached an earlier court order that restrained all parties from speaking to the press or posting on social media about the matter.

Akpoti-Uduaghan’s counsel contended that the post was unrelated to the court’s order on her suspension but was about a separate matter involving sexual harassment claims against the third respondent (Akpabio).

However, Justice Nyako ruled that after reviewing the post and the application before her filed by the third respondent, she was convinced it was connected to the suspension case before the court and therefore declared the plaintiff guilty of contempt.

The judge directed Akpoti-Uduaghan to publish an apology in two national newspapers and on her Facebook page within seven days. She also imposed a fine of N5 million.

 

More to come…

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BREAKING: Court Orders Senate To Recall Suspended Natasha Akpoti

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A Federal High Court sitting in Abuja on Friday ruled that the Nigerian Senate exceeded its powers by suspending Senator Natasha Akpoti-Uduaghan for six months, ordering her to be immediately recalled to the Red Chamber.

Justice Binta Nyako, delivering the judgment, described the suspension period as “excessive” and lacking a solid legal basis.

The court stated that both Chapter 8 of the Senate Standing Orders and Section 14 of the Legislative Houses (Powers and Privileges) Act, which the Senate relied on, do not specify a maximum suspension length. Therefore, their application in this situation was considered overreaching.

The judge noted that since the National Assembly is only mandated to sit for 181 days in a legislative year, suspending a lawmaker for about the same length of time effectively silences an entire constituency, calling it unconstitutional.

“While the Senate has the authority to discipline its members, such sanctions must not go so far as to deny constituents their right to representation,” Nyako ruled.

However, the court agreed with Senate President Godswill Akpabio on a different issue, ruling that his decision to prevent Akpoti-Uduaghan from speaking during a plenary—because she was not in her designated seat—did not violate her rights.

Nyako also dismissed Akpabio’s argument that the judiciary should not interfere in what he described as an “internal affair” of the legislature, saying fundamental rights and representation fall squarely within the court’s jurisdiction.

In a separate twist, the court imposed a monetary penalty on Akpoti-Uduaghan for violating an earlier court directive that barred both parties from making public comments about the ongoing legal proceedings.

The fine amounts to millions of naira.

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COALITION: We’ll Register New Party As Backup To ADC — El-Rufai

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A leader of the Social Democratic Party, SDP, and an important figure in the opposition coalition, Nasir El-Rufai, stated that a new political party would be registered as a backup for the African Democratic Congress, ADC.

El-Rufai explained that the new party would serve as an alternative option to guard against potential infiltration by the All Progressives Congress, APC, into the ADC.

The opposition coalition had chosen the ADC as its platform on Wednesday.

However, El-Rufai noted that there is a possibility the APC could spark a crisis within the ADC by turning old members against the new leadership.

He revealed this during an interview with Radio France International (RFI) Hausa Service on Wednesday night.

“Those who refuse to join the APC face threats of investigations by agencies like the Economic and Financial Crimes Commission (EFCC), Independent Corrupt Practices and other related offences Commission (ICPC), or Code of Conduct Bureau (CCB).

“The opposition parties’ alliance in the ADC is temporary, and we may register a new party as a second option, which we will move to should the ADC be instigated into crisis by the government,” the former Kaduna governor stated.

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