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BREAKING: Supreme Court Rejects Attempt By Buhari, Malami To Void Section 84 (12) Of Electoral Act

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BREAKING: Supreme Court Rejects Bid To Enforce Zoning Policy In PDP

The attempt by President Muhammadu Buhari and the Attorney-General of the Federation and Minister of Justice, Mr. Abubakar Malami, SAN, to void Section 84(12) of the Electoral Act, 2022 failed at the Supreme Court on Friday.

The apex court, in a unanimous decision by a seven-man panel of the Justices led by Justice Muhammad Dattijo, held that it lacked the jurisdiction to entertain the suit which it said amounted to an abuse of the judicial process.

It held that President Buhari was not a proper person to approach it with such a suit, owing to the nature of reliefs that were sought.

President Buhari and Malami had in the suit marked SC/CV/504/2022, contended that section 84(12) of the Electoral (Amendment) Act, 2022, was inconsistent with the provisions of sections 42, 65, 66, 106, 107, 131, 137, 147, 151, 177, 182, 192 and 196 of the constitution as well as Article 2 of the African Charter on Human and Peoples Rights.

The plaintiffs, among other things, sought “a declaration that the joint and or combined reading of Section 65, 66, 106, 107, 131, 137, 147, 151, 177, 182, 192 and 196 of the Constitution, the provision of Section 84 (12) of the Electoral Act, 2022 which also ignores Section 84(3) of the same Act, is an additional qualifying and/or disqualifying factors for the National Assembly, House of Assembly, gubernatorial and presidential elections as enshrined in the said constitution, hence unconstitutional, unlawful, null and void”.

READ ALSO: Supreme Court Voids Buhari’s Executive Order 10

“A declaration that having regard to the clear provision of section 1(3) of the Constitution read together with section 4 of the same Constitution, the legislative powers vested in the defendant do not permit or empower it to make any other law prescribing additional qualifying/disqualifying grounds for election to the National Assembly, House of Assembly, gubernatorial and presidential election outside the express constitutional qualification and disqualification provisions as already provided in each or all of sections 65, 66, 106, 107, 131, 137, 147, 151, 177, 182, 192 and 196 of the 1999 constitution of the Federal Republic of Nigeria (as amended), and without amendment to any of those sections is for the reason of inconsistency, unconstitutional and therefore null and void.”

They also sought “An order nullifying the provision of Section 84 (12) of the Electoral Act, 2022 by application of the blue-pencil rule, for being unconstitutional, illegal, null and void and having been made in excess of the legislative powers of the defendant as enshrined in section 4 of the constitution (as amended).”

Meanwhile, though the National Assembly was originally cited as sole respondent in the matter, however, Rivers State, through the Speaker of its House of Assembly and its Attorney-General, subsequently applied and were joined as interested parties in the matter.

While opposing the suit, Rivers State, in preliminary objection it filed before the apex court, argued that section 84(12) of the Electoral Act, 2022, was “neither a detraction from the provisions of section 84(3) of the same Act nor from the provision of sections 42(1), 65, 66, 107, 131, 137, 177, 182 and 192 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and there is no any abuse of the Constitution by the defendant in enacting the provisions of section 84(12) of the Act”.

It argued that President Buhari, having assented to the Electoral Bill, he, “has conclusively discharged his duty under the Constitution”.

More so, counsel to the state, Mr. Emmanuel Ukala, SAN, argued that the suit ought to have been filed before a High Court since President Buhari did not challenge the encroachment on his Executive powers by the Legislature.

Likewise, the National Assembly, through its lawyer, Dr. Kayode Ajulo, asked the Supreme Court to strike out the suit, accusing both President Buhari and Malami of abusing the judicial process.

He argued that President Buhari, having assented to the Electoral Act, he could not turn back to challenge its provisions in court.

“The crux of our objection is that the plaintiffs as constituted do not have the legal right to invoke the original jurisdiction of this court as provided for in section 232 (1) of the Constitution.

“It can only be invoked if there is a dispute between the President and the National Assembly, when there is a dispute on the issue of law.

“There are other places where this issue can be ventilated. It is not in this court.

“It appears as if the president is suing himself, since he also assented to the Electoral Act in question.

“The suit ought to have been filed in the name of those appointees and in that case we would not have been in this court.

“What they have attempted to do is to use the name of the president to invoke the original jurisdiction of this court, in representative capacity”, Ajulo argued.

On its part, the Nigerian Bar Association, NBA, brought an application to be allowed into the case as amicus curiae (friend of the court).
The legal body, which said it was before the court to represent Nigerian citizens, also prayed the Supreme Court to dismiss the suit in public interest.

“It is our submission that there is no conflict between section 84(12) and any other section of the Electoral Act, the 1999 Constitution, as amended, or the African Charter on Human and Peoples Right.

“Your lordships should take note of the ill the said section is meant to cure. The essence of the section is to provide a level playing field for all Nigerians, such that political appointees should not use their office to advance their personal interests”, counsel for the NBA, Mr. Charles Mekunye, SAN, submitted.

Nevertheless, counsel for President Buhari and Malami, Mr. Lateef Fagbemi, SAN, urged the court to allow the appeal and nullify the controversial section which he said would deny political appointees the right to participate in election.

In its lead judgement that was prepared and delivered y Justice Emmanuel Agim on Friday, the apex court, upheld arguments of the defendants and accordingly struck out the suit.

 

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Black Saturday As 10 Confirmed Dead, Others Injured In Abuja Church Stampede

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By John Michael Ojo

No less than ten individuals have been confirmed dead following a stampede which took place in an event organized by Holy Trinity Catholic Church, situated in the Maitama area of Abuja on Saturday morning.

It was stated that the church had intended to distribute rice as palliative to the people during the event before the tragedic incident took place.

While confirming the development, in a statement signed by the Abuja Police Command Force Spokesperson, SP Josephine Adeh, the Command said ten individuals died, while eight others sustained varying degrees of injuries.

The statement reads: “This tragic event, which happened at about 6:30 am, led to a stampede that claimed the lives of ten (10) individuals, including four (4) children, and left eight (8) others with varying degrees of injuries. Four (4) of the injured have been treated and discharged, while the remaining victims are receiving medical care.

‘’To prevent such unfortunate incidents in the future, the Command hereby directs that all organizations, religious bodies, groups, or individuals planning any public event, charitable activity, or large gathering in the FCT must notify the Police Command in advance. This will allow the deployment of adequate security measures to ensure public safety and prevent avoidable tragedies.

“Failure to comply with this directive will result in the organizers being held liable for any incident or loss of life resulting from their negligence.

’The FCT Police Command remains committed to safeguarding lives and property in the Territory. Members of the public are encouraged to collaborate with the Police by adhering to these guidelines and promptly reporting emergencies through the FCT Control Room via 0803 200 3913 or 0806 032 1234”

In a similar vein, an unspecified number of people mostly woman have reportedly lost their lives in Okija community of Anambra state in a stampede.

New Times gathered that the stampede was said to have occurred on Saturday morning during an event for the distribution of rice organized by Obi Jackson Foundation.

Saturday’s stampede comes barely 72 hours after a similar occurrence took place in a funfair event organized by a former queen of Ooni of Ife in Ibadan, Oyo State capital where nearly 40 children have been confirmed dead by the state authorities.

The repeated stampede is a testament to the current economic hardship being faced by the masses as a result of the economic policies of President Tinubu in recent times.

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Ogun Information Ministry Defends N2b Budget Proposal, Pledges More Service 

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Kayode Akinmade at the defence of the budget proposal.

Ogun State Ministry of Information and Strategy says it will continue to deploy all communication strategies to serve all organs of government in the promotion of government policies and programmes through a two-way communication channel between the people and the government.

The Special Adviser to the State Governor on Media and Communications, Mr. Kayode Akinmade, gave the assurance on Friday, while defending the ministry’s budget proposal for next year before the members of the House Committee on Finance and Appropriation, led by Hon. Musefiu Lamidi at the Assembly Complex, Oke-Mosan, Abeokuta.

Akinmade reassured the Assembly that the ministry was cognisant of the principles of separation of powers, and would continue to render the necessary assistance to all arms of government in publicising their activities.

He noted that the next fiscal year would see to the utilisation of more strategies to mobilize the people for positive development, stressing that more reawakening of the people towards embracing the State’s core values alongside branding to leverage the successes achieved by the Prince Dapo Abiodun-led administration’s development projects would also be explored.

To this end, the ministry proposed a total budget expenditure of N2.023 billion for the next fiscal year, out of which N328 million would go for capital, N1.23 billion for overhead and the remaining N461million would take care of personnel.

Responding, the House Committee members sought more collaborative efforts from the ministry in mobilising the people towards government laudable policies and programmes.

Other agencies that had their budget proposals defended before the State lawmakers were the State Television (OGTV) and its State Broadcasting Corporation counterpart (OGBC), as well as the State Ministry of Culture and Tourism.

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Yuletide: Abiodun Tasks New Police Commissioner On Security

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L-R: Deputy Commissioner of Police (Administration), Sagir Ismail; Ogun State Commissioner of Police, Lanre Ogunlowo; Governor Dapo Abiodun; Deputy Commissioner of Police (Operations), Bolanle Muritala, and the Deputy Commissioner of Police (CID), Bode Ojajuni, during the visit of Ogunlowo as the newly appointed Commissioner of Police to the Governor at his office, Oke-Mosan, Abeokuta, on Thursday.

Ogun State Governor, Prince Dapo Abiodun has called on security agencies to design and deploy workable strategies that would ensure adequate protection of life and property during this Christmas period.

The governor made the call when he received the new Commissioner of Police, Ogun State Command, Mr. Lanre Ogunlowo, who paid him a courtesy call in his office at Oke-Mosan, Abeokuta.

Abiodun commended the security agencies for ensuring peace and tranquillity, noting, however, that unscrupulous people are bound to take advantage of the period to cause security breaches in the state.

He said: “As we approach the yuletide period, we all know that this period comes with its challenges. Those who are bent on carrying out nefarious activities, the get-rich-quick schemes, will also get a bit desperate, so I want to admonish you to please develop or design strategies to ensure that this yuletide period is peaceful for everyone, allowing us to celebrate and enjoy with our eyes closed and not have to worry about the breakdown of law and order.

“I want to enjoin your colleagues to please join hands with you the way they had cooperated with your predecessor so that together we can continue to build the future of Ogun State to achieve the future of our dreams.”

According to Abiodun, the state is unique in terms of geographical location as it shares borders with four states and an international border, noting that this has brought about an influx of people to work and attend educational institutions, thereby raising numerous security concerns for the government.

The governor, while informing the new State police chief about the steps taken to secure the State and its people, said his administration reinvigorated the State Security Trust Fund to provide modern equipment and logistics to the security agencies, noting that this had helped make Ogun one of the most peaceful states in the country.

He emphasized the importance of inter-agency synergy, which he said had contributed to the peace being enjoyed in the state.

Prince Abiodun maintained that the State’s position as number three in Internally Generated Revenue would not have been possible in an atmosphere of insecurity.

“Like they say, you cannot have any socio-economic development in an atmosphere of insecurity. You can build all the roads, all the airports and seaports, but if there is an atmosphere of insecurity, or even if there is a perception of insecurity, nobody will come to that State,” the governor noted.

The governor pointed out the issue of cultism, which is prevalent in some parts of the state, urging the new police chief to liaise with his colleagues from other agencies to find a final solution to it.

Governor Abiodun commended the Inspector General of Police (IGP) for deploying a highly intelligent and professionally sound officer to the state and equipping him with two Armoured Personnel Carriers, adding that the new CP’s practical training and qualifications have prepared him for the position.

“I want to thank the Inspector General of Police who has found you worthy of this deployment. I want to thank him because he remains one of our proud illustrious sons who has not let us down. Ogun State is known for exporting such human capital, and he is one of those we exported to the federal government, and he is up to our expectations,” he added.

While pledging to do all it takes to keep the State peaceful, the State helmsman assured that his administration would continue to support the State Police Command and other security agencies to maintain peace and order across the State at all times.

Speaking earlier, the new Commissioner of Police, Mr. Lanre Ogunlowo, said he is in the State to add value to what he met on the ground, assuring that with the support of the state government, cooperation from sister security agencies, and the additional Armoured Personnel Carriers given by the Inspector General of Police, he would work to secure the people and gain their trust.

“I had the privilege of working in the tactical intelligence unit of the Nigeria Police Force in the past, and I have a good understanding of the situation regarding cultism. As I mentioned when the governor was speaking to me, the Inspector General of Police graciously approved logistics, including Armoured Personnel Carriers (APCs), for Ogun State when I was coming. They would soon be here.

“I have a good team on the ground. As I said, I will improve on what I met on the ground. Before I left yesterday, I had a conversation with our anti-cultism unit, and we have some strategies in place.

“What I can assure you is that we will do all that is needed to address this issue, especially at a time like this. We will engage all stakeholders; we know we can’t do it alone, but we’ve got the wherewithal to deal with it,” he said.

Ogunlowo pleaded with the people to support the police and other security agencies in achieving their mandates, adding, “Let’s enjoy the season, let’s be careful, let’s respect the rights of others. We want peace; criminals should stay away and let the people of Ogun State enjoy the moment. We will be on the ground for that.”

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