Tag: Electoral Act

Electoral Act 2022: Appeal Court nullifies judgment voiding Section 84(12), says it’s unconstitutional

Aminu Imam

Voids Umuahia judgment The Abuja Division of the Court of Appeal, yesterday, 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. In a verdict 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 Edede, lacked the locus standi to have filed the suit in the first place. The appellate court ruled that…

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Senate amends Electoral Act to allow government officials vote at party primaries

Aminu Imam

The Senate has passed an amendment to Section 84(8) of the Electoral Act 2022, to enable statutory delegates to participate in political parties congresses and conventions. The red chamber claimed it unintentionally omitted the statutory delegates from the version of the Act assented to by President Muhammadu Buhari in February. The Act, before the amendments, prevented statutory delegates from voting during party primaries. Statutory delegates are councillors, local government chairmen and their vice, and political party chairmen in all the nation’s 774 local government areas. They also included State and…

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Electoral Act: Controversy lingers as Appeal Court overrules Malami

Aminu Imam

The Owerri Division of the Court of Appeal last week ordered the Attorney-General of the Federation (AGF) and Minister of Justice Abubakar Malami, (SAN), and others to suspend the execution of the judgment of the Federal High Court, which struck down Section 84 (12) of the newly amended Electoral Act. Malami had on March 22, after a Federal High Court in Umuahia, Abia State, nullified Section 84(12) of the Electoral Act on March 18, foreclosed possible appeals by vowing to promptly enforce the verdict. However, a 3-member panel of the…

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Senate to appeal ruling nullifying Section 84(12) of Electoral Act

Aminu Imam

The Senate, yesterday, resolved to appeal the judgement of Federal High Court, Umuahia, annulling section 84(12) of the Electoral Act. The resolution followed a motion titled: Urgent need to appeal judgement of the Federal High Court, Umuahia, on suit No.: FHC/UM/CS/26/2022 on Section 84(12) of the Electoral Act, 2022. The motion was sponsored by Senator George Sekibo (Rivers East) and co-sponsored by 80 other lawmakers. Recall that the Senate had insisted on going ahead to consider the request by the President, who asked the lawmakers to delete the controversial section,…

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Electoral Act: H/Reps condemn Court judgment

Aminu Imam

To report judge to NJC for empowering AGF Malami to delete Section 84(12) The House of Representatives, yesterday, vehemently condemned the judgment of a Federal High Court in Umuahia, Abia State, which ordered the deletion of section 84(12) of the Electoral Act. The House also took a resolution to formally write a letter of complaints to the National Judicial Council, (NJC). The House also urged the Attorney-General and Minister of Justice, Abubakar Malami (SAN) to tarry a while and not to frustrate or deny the national right of appeal until…

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Electoral Act: Senate to debate Court judgment on Section 84 (12) today

Aminu Imam

The Senate will, today, Wednesday, debate the ruling of a Federal High Court in Abia State that nullified the controversial Section 84 (12) of the new (amended) Electoral Act. This followed a ‘point of order’ raised by Senator George Thompson Sekibo (PDP-Rivers), who drew the attention of his colleagues to the court ruling. The section requires ministers, heads of agencies, and other political appointees to resign before participating in party primaries, conventions and other electoral activities. However, the Federal High Court sitting in Umuahia, on Friday, nullified Section 84(12), saying…

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2023: Federal High Court orders AGF to delete Section 84 (12) from amended new Electoral Act

Aminu Imam

Declares section unconstitutional, invalid illegal The Federal High Court sitting in Umuahia yesterday struck down Section 84(12) of the newly amended Electoral Act which President Muhammadu Buhari had written to the National Assembly requesting them to delete. The court, in a judgment delivered by Justice Evelyn Anyadike, 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 is in violation of the clear provisions of the Constitution. Recall that President Muhammadu Buhari had,…

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Just In! 2023: Federal High Court strikes down Section 84 (12) of amended new Electoral Act declares section unconstitutional, invalid illegal

Aminu Imam

Orders AGF to delete section from Electoral Act The Federal High Court sitting in Umuahia has today struck down Section 84(12) of the newly amended Electoral Act which President Muhammadu Buhari had written to the National Assembly to delete. The court, in a judgment delivered by Justice Evelyn Anyadike, 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 is in violation of the clear provisions of the Constitution. Recall that President Muhammadu…

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Electoral Act: Senate Rejects Buharis request for fresh amendments

Aminu Imam

The Senate, yesterday, rejected the amendments sought by President Muhammadu Buhari to the Electoral Act 2022. President Buharis Bill seeking the amendments, titled: A Bill for an Act to amend the Electoral Act 2022 and for related matters, 2022,, was overwhelmingly rejected by Senators, a development that effectively stopped its second reading. The Bill had earlier scaled first reading on Tuesday despite a court order barring the Senate from acting on it. Recall that President Buhari had, on March 25, urged the National Assembly to remove the section that mandates…

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Electoral Act: Court ruling wont stop NASS from amending law Lawan

Aminu Imam

As Bill scales first reading in Senate The Senate President, Ahmad Lawan, has said that the National Assembly cannot be constrained from amending the Electoral Act. Lawan asserted this while responding to a ruling by Justice Inyang Ekwo, of the Federal High Court in Abuja, on Monday. Ekwo had yesterday okayed an ex-parte application by the Peoples Democratic Party, (PDP), barring President Muhammadu Buhari, the Attorney-General of the Federation (AGF), and the Senate President from tampering with the newly amended Electoral Act 2022. In a statement by his spokesman, Ezrel…

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