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BREAKING: Buhari Signs Electoral Amendment Bill Into Law
President Muhammadu Buhari has signed the Electoral Act Amendment Bill 2022 into law. He signed the Bill at the Council Chamber of the Presidential Villa in Abuja, on Friday.
It was witnessed by Vice President Yemi Osibanjo; Senate President Ahmad Lawan and Speaker Femi Gbajabiamiala among other dignitaries.
The assent is coming a few days after a coalition of civil society organisations staged a protest to compel the president to assent to the amended document.
On January 31, 2022, the National Assembly transmitted the reworked amendment bill to the President for assent.
Buhari consequently forwarded it to the Minister of Justice and Attorney General of the Federation, Abubakar Malami (SAN), for legal advice.
In his address, President Buhari said in line with established tradition, he received inputs from relevant ministries, departments and agencies of government after careful and thorough reviews of the Bill and its implications to democratic processes in Nigeria.
He said, “It is gratifying to note that the current Bill comes with a great deal of improvement from the previous Electoral Bill 2021. There are salient and praiseworthy provisions that could positively revolutionize elections in Nigeria through the introduction of new technological innovations. These innovations would guarantee the constitutional rights of citizens to vote and to do so effectively.
“The Bill would also improve and engender clarity, effectiveness and transparency of the election process, as well as reduce to the barest minimum incidences of acrimony arising from dissatisfied candidates and political parties.
“These commendable efforts are in line with our policy to bequeath posterity and landmark legal framework that paves the way for credible and sound electoral process that we would all be proud of.
“Distinguished Senators and Honourable Members of the National Assembly, from the review it is my perspective that the substance of the Bill is both reformative and progressive. I am making this bold declaration because I foresee the great potentials of the Bill. Worthy of note include the democratic efficacy of the Bill with particular reference to sections 3, 9(2), 34, 41, 47, 84(9), (10) and (11) among others.
“This, however, cannot be said about one provision as contained in the proposed Bill, which provision constitutes fundamental defect, as it is in conflict with extant constitutional provisions.
“Section 84 (12) constitutes a disenfranchisement of serving political office holders from voting or being voted for at Conventions or Congresses of any political party, for the purpose of the nomination of candidates for any election in cases where it holds earlier than 30 days to the National Election. The section provides as follows: “No political appointee at any level shall be voting delegate or be voted for at the Convention or Congress of any political party for the purpose of the nomination of candidates for any election”.
“This provision has introduced qualification and disqualification criteria that ultra vires the Constitution by way of importing blanket restriction and disqualification to serving political office holders of which they are constitutionally accorded protection.
“The practical application of section 84(12) of the Electoral Bill, 2022 will, if assented to, by operation of law, subject serving political office holders to inhibitions and restrictions referred to under section 40 and 42 of the 1999 Constitution (as amended).
“It is imperative to note that the only constitutional expectation placed on serving political office holders that qualify, by extension as public officers within the context of the constitution is resignation, withdrawal or retirement at least 30 days before the date of the election.
“Hence, it will be stretching things beyond the constitutional limit to import extraneous restriction into the constitution on account of practical application of section 84(12) of the bill where political parties’ conventions and congresses were to hold earlier than 30 days to the election.
“Arising from the foregoing, with particular regards to the benefits of the Bill, industry, time, resources and energy committed in its passage, I hereby assent to the Bill and request the Nationally Assembly to consider immediate amendments that will bring the Bill in tune with constitutionality by way of deleting section 84(12) accordingly.”
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Ex-Senator Iyabo Obasanjo Joins All Progressives Congress
Prof. Iyabo Obasanjo, daughter of former President Olusegun Obasanjo, has reportedly registered as a member of the All Progressives Congress in Ogun State, according to a former chairman of Abeokuta South Local Government.
It was gathered that the former senator of Ogun Central completed her e-registration on Tuesday at Ibogun, Ward 11, Ifo Local Government Area of the state.
Confirming the development on Wednesday, Biodun Ajayi, former Chairman of Abeokuta South Local Government and a close ally of Prof. Obasanjo, told Vanguard that the registration was successfully concluded.
Ajayi, who currently serves as a Commissioner with the State Universal Basic Education Board, SUBEB, said: “I can confirm to you that Prof. Iyabo Obasanjo completed her online registration as a member of our great party, the APC, on Tuesday at Ibogun Ward 11 in Ifo Local Government.”
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BREAKING: Supreme Court Upholds Acquittal Of Hamza Al-Mustapha In Kudirat Abiola Murder Case
A five-man panel of the Supreme Court, headed by Justice Uwani Aba-Aji has dismissed the trial of Major Hamza Al-Mustapha (rtd) concerning the murder of Alhaja Kudirat Abiola.
Kudirat Abiola was the wife of the late businessman cum politician, Chief MKO Abiola, the presumed winner of the June 12, 1993 Presidential Election that was annulled by former President Ibrahim Babangida.
Mrs Kudirat Abiola was, however, murdered in Lagos in the nationwide crisis that followed the annulment and in the course of her persistent struggle to get the annulment reversed by the military.
The trial of Al-Mustapha on the murder charges brought against him by the Lagos State government was, however, put to rest on Thursday by a 5-man panel of Justices of the Supreme Court headed by Justice Uwani Aba-Aji.
At the proceedings where the Lagos State was slated to re-open the trial, no legal representation was made while no process was filed since 2014 when order to re-open the case was granted in favour of the state government.
When the matter was called, Paul Daudu, a Senior Advocate of Nigeria stood for Al-Mustapha and informed the Justices that Lagos has not taken any step to implement the order granted it in 2014 to re-open the trial.
He said that not even a notice of appeal was filed by Lagos as the appellant to demonstrate its seriousness to prosecute the trial.
The senior lawyer informed the Apex Court that in 2014 when order to re-open the trial was granted, Lagos was issued a 30 day ultimatum to file its notice of appeal.
Daudu explained that more than nine years after, nothing was done to comply with the order.
He therefore urged the Court to hold that the appellant has abandoned the case and should be dismissed in its entirety.
Justice Uwani Aba-Aji, who presided over the matter sought to know if Lagos was served with hearing notice, the question that was answered in the affirmative by the Registrar of the Court.
In a brief ruling, the Supreme Court in a unanimous decision agreed that Lagos has lost interest in the matter and consequently abandoned it.
Justice Aba-Aji held that nine years was long enough for the appellant to have filed notice of appeal and the appeal in the matter.
Besides, the Court expressed disgust that no legal representation was made by the state government while no information was made available to the Court and the respondent.
Consequently, the matter marked SC/CR/45/2014 was dismissed.
Another matter by the Lagos governor marked SC/CR/6/2014 was also dismissed on the same ground.
The Supreme Court had in 2014 in a brief ruling on the application by Lagos State for permission to re-open the case out of time, granted the request for the Lagos to challenge the Court of Appeal decision of July 12, 2013 that discharged and acquitted Al-Mustapha from the murder case.
The then Acting Chief Justice of Nigeria (CJN) Justice Walter Samuel Nkanu Onnoghen in the ruling of a panel of seven Justices ordered Lagos State to file its notice of appeal within 30 days.
The decision of Justice Onnoghen on the Lagos application argued by Osunsanya Oluwayemisi, a Senior State Counsel in the Lagos Ministry of Justice followed the consent of Al-Mustapha’s lawyer, Mr. Joseph Dauda SAN, not to oppose the application.
The acting CJN had said that by the decision of the apex court, the time for Lagos to appeal against the findings of the Court of Appeal on the celebrated murder case has been extended from July 12, 2013 when the Court of Appeal judgment was delivered till January 7, 2014.
By the granted permission in 2014, the coast became cleared for the Lagos to challenge the no guilty verdict granted in favour of the military officer by the Court of Appeal in 2013
In the then move to re-open the case, the Lagos State government had sought to file a notice of appeal out of the time at the Supreme Court asking for the permission of the court to allow it to challenge the Appeal Court findings of Justices Amina Adamu Augie, Rita Nosakhare Pemu and Fatimo Omoro Akinbami on ground of mis-carriage of Justice in the matter.
The state had in the application prayed the apex court to allow it to exercise its constitutional right to test the validity and correctness of the decision of the Appeal Court.
It claimed that it wants to raise its ground of appeal on arguable legal and factual issues especially the question of whether there is any direct or circumstantial evidence establishing the guilt passed on Al-Mustapha in the murder case.
It justified its lateness in filing the appeal on the ground that it set up two legal teams to review the circumstances of the case and the verdict of the Court of Appeal.
The government said that it took a long time for the two legal teams to present their findings and recommended that an appeal case can be filed and sustained.
The Lagos State Government said that it will ask the Supreme Court to set aside the judgment of the Court of Appeal which on July 12, 2013 discharged and acquitted Major Hamza Al-Mustapha, in the murder case of late Alhaja Kudirat Abiola.
In place of the Appeal Court decision, the state government said that it will plead with the apex court to uphold and restore the death sentence by hanging placed on the former Chief Security Officer (CSO) to the former dictator and late Head of State, General Sani Abacha by a Lagos High Court on January 30, 2012.
Al-Mustapha, Mohammed Abacha and one Lateef Shofolahan were arraigned before a Lagos high court on two-count criminal charge of conspiracy to commit murder and the murder of the late Alhaja Kudirat Abiola on June 4, 1996 in Lagos State.
In the judgment of the high court delivered on January 30, 2012 by Justice Moji Dada, the accused persons were found culpable as charged and sentenced them to death by hanging.
However at the Court of Appeal approached by Al-Mustapha on April 27, 2012 for the review of the trial and the conviction, the 3-member appellate court Justices in a unanimous judgment of July 12, 2013 voided the decision of the high court, set it aside and discharged and acquitted the accused on the ground that the evidence against them was not strong enough to warrant the death sentence.
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Rivers Assembly: Minority Leader, Three Others Rejoin Impeachment Push Against Fubara
Four members of the Rivers State House of Assembly have reversed their earlier position and renewed their backing for the impeachment proceedings against Governor Siminalayi Fubara and his deputy, Ngozi Odu.
The lawmakers announced their decision at a press conference held on Friday in Port Harcourt, the state capital, where they declared continued support for the impeachment process initiated by the assembly.
They accused the governor of failing to show remorse over the allegations levelled against him, insisting that their renewed stance was based on concerns over his conduct and response to the issues raised.
The legislators said their decision to recommit to the process followed further consultations and a review of developments surrounding the impeachment move.
Details of the impeachment process and the specific allegations against the governor were not disclosed at the briefing, as the lawmakers said further information would be made public in due course.
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