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Supreme Court Joins Rivers In Buhari’s Suit Against Section 84 (12) Of Electoral Act

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The Supreme Court has granted Rivers State’s request to join in President Muhammadu Buhari’s suit against Section 84 (12) of the Electoral Act.

Hearing in the suit has been fixed for May 26.

The Supreme Court fixed the date after joining Rivers State as an interested party.

Justice Muhammad Dattijo adjourned the matter following the concession by Buhari’s lawyer Lateef Fagbemi that the speaker, Rivers State House of Assembly and Attorney General, Rivers State, be joined as parties.

Section 84 (12)

President Buhari and the Attorney-General of the Federation (AGF) Abubakar Malami, had filed a suit at the Supreme Court, seeking an interpretation of Section 84(12) of the Electoral Amendment Act 2022.

In the suit filed on April 29, the President and AGF, who are the plaintiffs, listed the National Assembly as the sole defendant.
They are seeking an order of the apex court to strike out the section of the Electoral Act, saying it is inconsistent with the nation’s Constitution.

According to the court document, the plaintiffs contend that Section 84 (12) of the Electoral (Amendment) Act, 2022 is inconsistent with the provisions of Sections 42, 65, 66, 106, 107, 131, 137, 147, 151, 177, 182, 192 and 196 of the Constitution of Federal Republic of Nigeria, 1999, (as amended), as well as Article 2 of the African Charter on Human and People and Peoples Rights.

President Buhari and Malami also contended that the Constitution already provides qualification and disqualification for the offices of the President and Vice President, Governor and Deputy Governor, Senate and House of Representatives, House of Assembly, Ministers, Commissioners, and Special Advisers.

They urged the court to make: “A declaration that the joint and combined reading of Sections 65, 66, 106, 107, 131, 137, 147, 151, 177, 182, 192 and 196 of the Constitution of the Federal Republic of Nigeria, 1999, (as amended); 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.”

In the same vein, the National Assembly has asked the Supreme Court to strike out the suit instituted by President Buhari.

The National Assembly, in its counter-affidavit, filed by its lawyer, Kayode Ajulo, said the Supreme Court cannot be invoked to amend the provision of any law validity made by lawmakers in the exercise of their legislative powers as granted by the Constitution.

They argued that the 1999 Constitution, as amended gave the National Assembly the power to make laws for good governance in Nigeria.

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Judiciary

Court Stops VIO, Others From Seizing Vehicles, Imposing Fines

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The Federal High Court in Abuja has curtailed the powers of the Directorate of Road Traffic Services (VIO), barring it from stopping and impounding vehicles or imposing fines on motorists across Nigeria’s capital.

Justice Evelyn Maha, on October 2, 2024, delivered this judgment in response to a fundamental rights enforcement lawsuit initiated by public interest lawyer Abubakar Marshal.

The court found that the VIO, along with other enforcement officials, lacked the legal authority to halt vehicles or penalise drivers.

The ruling impacts the Director of Road Transport, the Area Commander of Jabi, the Team Leader of Jabi, and the Minister of the Federal Capital Territory (FCT), who were all named as respondents.

Justice Maha ruled that none of these parties, under the Minister’s authority, could justify the seizure of vehicles or the imposition of fines on road users.

The judge further issued a perpetual injunction prohibiting these officials and their agents from infringing on the rights of Nigerians to move freely, asserting that any such actions violate constitutional rights, including the presumption of innocence and the protection of personal property.

This ruling reinforces motorists’ rights and limits the powers of the authorities in vehicle-related enforcement without legal grounds.

 

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Judiciary

27 Rivers Assembly Lawmakers Dump PDP For APC

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Rivers State Governor Siminalayi Fubara and his predecessor, Nyesom Wike
Rivers State Assembly Complex. Insets: Governor Siminalayi Fubara (L) with FCT Minister, Nyesom Wike
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The Current political drama in Rivers State has taken a new turn as 27 members of the Rivers State House of Assembly have defected from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).

A member of the Assembly, Enemi George, confirmed to Channels Television that the 27 lawmakers were under the leadership of Martin Amaewhule.

He said the decision was taken during their sitting on Monday morning.

For weeks, Amaewhule and another member, Edison Ehie, have been embroiled in a Speakership tussle. Amaewhule is believed to be loyal to ex-governor Nyesom Wike while Ehie is known to be in the camp of Governor Siminalayi Fubara.

The Assembly under Amaewhule had in October served an impeachment notice on the governor and removed Ehie as the House leader. However, some members of the Assembly loyal to Fubara immediately impeached Amaewhule and made Ehie the new Speaker.

The crisis in the 32-member Assembly had begun as a result of a rift between Fubara and his predecessor, Wike, who is now the Minister of the Federal Capital Territory (FCT).

Though the two politicians have both attended same public events in the last few weeks and all seemed to have been settled but with Monday’s defection of 27 lawmakers from the PDP to the APC, more drama might unfold in the state’s political arena.

Meanwhile, some political players from other parties over the weekend announced their defection to the PDP.

Leading the defectors from the Social Democratic Party (SDP) and the APC were the deputy governorship candidate of the SDP in the 2023 election, Patricia Ogbonnaya; and former Ahoada-West Chairman, Karibo Wilson.

They decamped alongside their supporters and other party excos.

The politicians dumped their former parties to pitch tent with the PDP group loyal to Fubara.

Also in attendance were some of the Ehie-led group of lawmakers, with the member representing Ahoada West, Goodboy Sokari representing the governor alongside Oko Jumbo from Bonny Constituency.

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Judiciary

NJC Recommends Appointment Of 11 Supreme Court Justices

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The National Judicial Council (NJC) has recommended the appointment of 11 justices to the Supreme Court.

A statement by the apex court’s Director of Information, Soji Oye, said the recommendation was made at the 104th meeting of the council in Abuja on Wednesday.

The recommended candidates would be sworn-in after the approval of their recommendation by President Bola Tinubu and the subsequent confirmation of their appointment by the Senate.

With this appointment, the apex court will have the full complement of 21 justices, as envisaged by the Constitution.

Those recommended for appointment to the Supreme Court are:

Hon. Justice Jummai Hannatu Sankey, OFR
Hon. Justice Chidiebere Nwaoma Uwa
Hon. Justice Chioma Egondu Nwosu-Iheme
Hon. Justice Haruna Simon Tsammani
Hon. Justice Moore Aseimo A. Adumein
Hon. Justice Obande Festus Ogbuinya
Hon. Justice Stephen Jonah Adah
Hon. Justice Habeeb Adewale O. Abiru
Hon. Justice Jamilu Yammama Tukur
Hon. Justice Abubakar Sadiq Umar
Hon. Justice Mohammed Baba Idris

The NJC at its last meeting for the year also recommended the appointment of Justice Mohammed Ramat to the Court of Appeal, as well as six heads of courts and 26 other judicial officers.

The various Heads of Court recommended would also be sworn-in upon the approval of their appointment by their various State Governors and subsequent confirmation of same by their respective State Houses of Assembly.

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