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Electoral Act: Lawan insists, no Court order can stop amendment of section 84(12)
President of the Senate, Ahmad Lawan on Tuesday set aside the ruling by the Federal High Court in Abuja, barring the Senate President from tampering with the newly amended Electoral Act 2022.
the President the ruling had also barred President Muhammadu Buhari and the Attorney General of the Federation in the same vein
Lawan insisted that the ex-parte order cannot stop the National Assembly from amending section 84(12) of the Electoral Act.
The court in a ruling delivered on Monday by Inyang Ekwo, on an ex-parte application by the People’s Democratic Party, barred the President Muhammadu Buhari, the Attorney General of the Federation and the Senate President from tampering with the newly amended Electoral Act 2022.
The Court maintained that the Electoral Act having become a valid law could not be altered without following the due process of law.
The Nigerian President Muhammadu Buhari, in a letter dated 28th February, 2022, requested the National Assembly to amend the Electoral Act.
He had drawn the attention of upper legislative chamber to the provisions of Section 84(12), which, according to him, constitutes a “defect” that is in conflict with extant Constitutional provisions.
At plenary on Tuesday, Lawan brought the order to the notice of the chamber after the Electoral Act Amendment Bill had scaled first reading.
He said same order violated the provisions of the 1999 Constitution )as amended) on Separation of Powers.
“Distinguished colleagues, I find it very necessary to talk to this at this point because the constitution of the federal republic of Nigeria, our governance system is based on the Presidential system of Government where there is clear cut separation of powers and I mean separation and exercise of powers.
“The judiciary under any circumstance can not stop the legislature, the national Assembly from performing it’s legislative duties. We know what due processes are.
“We know what our due processes are, just like we wouldn’t venture into what the Judiciary does, it should also understand that we have our processes.
“If the President writes to the National Assembly to request for an amendment, that is within his competence, and it is for the National Assembly to decide whether it agrees with the request of Mr. President or not.
“But to say that we cannot consider it, is to ask for what is not there to be given. I believe that Members of this National Assembly know their work and will do what is right.
“This is due process, we are not doing anything outside of the law, whether it is Mr. President or any Nigerian who feels very strongly about an amendment, this National Assembly is ready to take in and consider.
“It is within our exclusive right to consider whatever request we receive from Nigerians, whether through the Executive arm of government or through our colleagues – private members’ bill.”
Senator Gabriel Suswam, a PDP Senator, while rising under a point of order, faulted the ruling of the Federal Court.
“I agree with what you have said, the court cannot stop us from making laws. The problem with the letter sent to us by the President was that there is a part of it that interpreted the law we made.
“I think that is the only part that the court can act on, because he (President Buhari) said that the law we (National Assembly) made is ultra vires the Constitution, which is not his responsibility, and, I think, to that extent, the court can comment on that and not on the fact that we are making laws”, he said.
Senator Ike Ekweremadu, while citing Order 52(5) of the Senate Standing Order, called on the Senate to abide by the court ruling.
He said, “When we were waiting for the President to assent to the Electoral Act, some of us made a suggestion we believed would help, namely that the President would sign and then we would commit ourselves to amending that section.
“Mr. President, I also offered to help in redrafting it, now we have a situation where they’ve told us there’s a Judicial restriction on us to do that.
“Mr. President, I agree with you entirely, but the principle as all the lawyers here know, is that if there is a court order, no matter how wrong it is, our responsibility as individuals and citizens is to respect it.
“The argument you have raised is what we are going to raise in response.”
The Senate President, while giving his ruling to the Order raised by Ekweremadu, said, “this has nothing to do what happens in the court.”
Ekweremadu, however, advised the National Assembly to discharge the court order.
“I think the argument you’ve raised is valid, but this point is what we have to present in court to discharge that order.
“We cannot sit and appeal on a matter that has already been given an order in court. I think we should exercise caution in siting a judgment over a matter that an order has been given.
“What we should do is to brief our lawyers to go and discharge the order, instead of sitting here and disobeying court order, is is not good for us and our system, that is calling for anarchy.”
Responding, Lawan said, “my opinion about anarchy is when either arm of government decides to go into the exclusive preserve of the other.
“If the Judiciary wants to come into the Legislature to decide when we sit and when we don’t, then that’s anarchy.
“If the Judiciary would simply say we are not to consider this and that, and we obey those kind of rulings, that is anarchy, because it is emasculating the legislature and that is not supposed to be .
“We will continue with what we are supposed to do because that is our calling. We are just advising that the Judiciary should please help us develop this democracy, because this arm of government is the least developed and if we are allow these kind of rulings, we may end up going back 23 years ago.
“I believe that what we are saying is the same, but we are emphasising that that judicial pronouncement will not stop us from doing what is right and our work here.”
By Ahmed Rufa’i, Dutse
Jigawa and Kano states have been ranked topmost among the 36 States of the Federation with higher number of Tobacco smokers.
The senior programmes officer of the Civil Society Legislative Advocacy Centre ( CISLAC), Mr Solomon Adoga disclosed this in his speech presented at a high level stakeholders engagement that focused more on how state governments can adopt some National Framework for Tobacco control held on Wednesday at th 3 star hotel, Dutse.
Adoga pointed out that CISLAC in patnership with support of Tax Justice Network organized a sponsored multi-stakeholders engagement on Tobacco taxation in Jigawa with the aim of reducing Tobacco usage because it is inimical to health.
According to him “it’s unfortunate that research has shown that Kano/Jigawa are on top of the list of states that use Tobacco in Nigeria, while majority of users are the youths and some with minor age”.
He explained that, “to control use of Tobacco it is of Paramount that Jigawa state government adopt and domesticate National Tobacco control Act (2015) and Tobacco Tax Policy to save lives of the youth who are future leaders in our states.l
Adoga added that “Some of the laws that need to be adopted include ban on sale of cigarettes single stick, prohibition of smoking in public places and sale of Tobacco to minors (under eighteen years old) in the state”
The senior programmes officer indicated that the purpose of engaging and interacting with relevant stakeholders like traditional/ religious leaders, youth groups, civil society organisations and media is to help in creating awareness on the dangers of Tobacco as well as to advocate for both legislature and the executive to domesticate and adopt the laws.
Solomon urged the participants to support the moves by amplifying the campaign with their voices to achieve the desired goal for better future and development of the state to save thousands of lives of the teeming youths.
***Says Media Trial Tantamount To Disregard For Rule Of Law
By Friday Idachaba, Lokoja
A Legal Practitioner and former Spokesman to Former Vice President Atiku Abubakar
Daniel Bwala has faulted the Economic and Financial Crimes Commission (EFCC) over what he termed Disregard for Rule of Law and Media Trial of former governor Yahaya Bello of Kogi.
Bwala who made the remarks while fielding questions from newsmen in an interview on Wednesday bared his mind on the judicial relevance of the utterances of Ola Olukoyede, EFCC Chairman, at his Tuesday press conference.
The EFCC is seeking to arrest, detain and prosecute former governor Yahaya Bello over sundry allegations bordering financial fraud amounting to over N80.2 billion.
The Lawyer and Solicitor of the Supreme Court of Nigeria said, “What he did and everything he said during the news conference has no consequential effect in the court of law, even if the media go out and conclude that Yahaya Bello has committed those crimes.
“The EFCC chairman knows that in criminal trial, the prosecution has the burden of proof to prove the element of the offenses in the charge.
“The standard of proof is beyond reasonable doubt. And what you need to establish that are cogent and compelling evidence should be done in the courtroom.
“That is the very reason why people can conclude by his media briefing that he actually does not want to prosecute the Yahaya Bello.
“Again,by what he did yesterday, he has given materials to Bello to use against him in the court of law.
“We don’t even want to bring the politics of it. Bello can come out and say, since he has called me personally, then | want to tell the world that he has actually asked me for money.”
According to Bwala, Bello is still at large and yet to present himself on grounds that he has a Kogi High Court Injunction restraining the EFCC from persecuting or charging or arresting him.
He said that the Federal High Court on Tuesday had fixed May 20, to rule on the argument of the bench warrant of arrest issued to EFCC on Bello .
“The import of what transpired in court based on this fact now is that it is superfluous for EFCC to be looking for Yahaya Bello. EFCC is just to wait and come that day to hear the ruling .
“If it does not, then Bello, on that day, in any case, will appear before the court and now be arraigned before the court.
“Now, what it means is that any day after that yesterday, any effort by EFCC to attempt to arrest the Bello will amount to violating the due process of law.
“This is because where parties have submitted to the jurisdiction of the court, they have to allow the court to run proceedings, and therefore they cannot run the proceedings for the court.
“These are matters of law. These are matters that at least new entrants in the legal department of EFCC ought to know. So the question now is, what is EFCC trying to achieve?
“I gave a good example. Yahaya Bello has an order that has not been set aside. The order says that he should not be arrested, he should not be prosecuted. The EFCC does not believe that that order should be sustained.
“The EFCC challenged that order. That challenge has not been determined by court. Now, attempting to arrest him when that has not been determined is violation of the rule of law.
“They also have another order to arrest him. And that order to arrest him has now been brought before a court in which counter-argument was made and court adjourned for ruling. What is the import of that? So you have coalition of judicial voices.
“And these courts that have given the various orders are courts of coordinated jurisdiction, which each other’s decision does not bind the other. So we are not even going into the administration of the federal high court as to how do you deal with this kind of conflicting order.
“All these orders are valid and subsisting until they are set aside. But you see, all of them have been overtaken by event because before this court, it has been adjourned for ruling, ” Bwala said. (Ends)
Governor Lucky Aiyedatiwa of Ondo State has clinched the All Progressives Congress (APC) ticket as the candidate of the party for the forthcoming November 16 governorship election in the state by sefeating fifteen other aspirants in a landslide victory
The Chairman of the Governorship Primary Election Committee and Governor of Kogi State, Ahmed Ododo, made the declaration on Monday morning in Akure, the state capital.
Ododo said Aiyedatiwa clinched the APC ticket with a total of 48,569 votes followed by his closest rival, Mayowa Akinfolarin, who trailed behind with 15,343 votes, while Chief Olusola Oke secured the third position with 14,865 votes.
Below is a breakdown of the final results of the election.
Total number of voters – 117922
Total number of accredited voters – 95,178
Total votes cast – 95178
Invalid – Nil
Jimi Odimayo – 490
Omogoroye Judith – 115
Lucky Aiyedatiwa – 48,569
Isaacs Kekemeke – 1045
Soji Ehinlanwo – 492
Olugbenga Edema – 395
Jimoh lbrahim – 9456
Adekojo Funmilayo – 529
Akinfolarin Samuel – – 15343
Wale Akinterinwa – 1952
Olusola Oke – 14,915
Olamide Ohunyeye – 424
Morayo Lebi – 290
Diran lyantan – 348
Prof Dayo Faduyile – 353
Ife Oyedele – 462
1: Ilaje LG
Lucky Aiyedatiwa 2,485
Wale Akinterinwa. 26
Olusola Oke. 2,511
Jimoh Ibrahim 589
2: Ile Oluji/Okeigbo
Jimoh Ibrahim: 282
AIYEDATIWA: 1225
WA: 474
3: Ondo West LG
Jimoh Ibrahim: 2668
Aiyedatiwa: 10610
4: Ese Odo LG
Aiyedatiwa – 298
Akinterinwa – 0
Oke – 147
Jimoh Ibrahim – 174
5: Owo LG
Aiyedatiwa – 2,123
Akinterinwa – 345
Oke – 225
Jimoh Ibrahim – 192
6: Idanre LG
Aiyedatiwa – 1, 579
Akinterinwa – 119
Oke – 225
Jimoh Ibrahim – 120
7: AKOKO NORTH EAST LG
Aiyedatiwa 1, 664
Akinterinwa 135
Oke 138
Jimoh Ibrahim 505
8: AKOKO NORTH WEST LG
Aiyedatiwa 5, 430
Akinterinwa 198
Oke 2, 721
Jimoh Ibrahim 728
9: AKOKO SOUTH EAST LG
Aiyedatiwa 2, 533
Akinterinwa 43
Oke 391
Jimoh Ibrahim 67
10: AKOKO SOUTH WEST LG
Aiyedatiwa – 2, 747
Akinterinwa – 272
Oke – 415
Jimoh Ibrahim – 466
11: No results for IFEDORE LGA due to alleged violence
12: OSE LGA
Aiyedatiwa 1, 091
Akinterinwa 39
Oke 800
Jimoh Ibrahim 267
13: IRELE LG
Aiyedatiwa 1, 203
Akinterinwa 15
Oke 93
Jimoh Ibrahim 139
14: ODIGBO LG
Aiyedatiwa 2, 631
Akinterinwa 114
Oke 138
Jimoh Ibrahim 845
15: AKURE NORTH LG
Aiyedatiwa 2, 860
Akinterinwa 177
Oke 1, 239
Jimoh Ibrahim 1, 606
16: AKURE SOUTH LG
Aiyedatiwa 3, 265
Akinterinwa 86
Oke 328
Jimoh Ibrahim 294
17 OKITIPUPA LG
Aiyedatiwa 1, 622
Akinterinwa 27
Oke 1, 571
Jimoh Ibrahim 109
18: ONDO EAST LG
Aiyedatiwa 4, 803
Akinterinwa 141
Oke 1, 171
Jimoh Ibrahim 406
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