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JUST IN: Supreme Court strikes out Buhari and Malami’s suit against new Electoral Act

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The Supreme Court, on Friday, struck out the suit President Muhammadu Buhari and the Attorney-General of the Federation and Minister of Justice, Mr. Abubakar Malami, SAN, filed to void section 84(12) of the Electoral Act, 2022.

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 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 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”.

“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.

As well as, “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).”

Politics

Kano court upholds Ganduje’s suspension from APC

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The Kano state high court has affirmed the suspension of Abdullahi Ganduje from the All Progressives Congress (APC).

The court, while granting an ex parte order, also restrained Ganduje, national chair of the party, from further parading himself as a member of the APC.

On April 15, APC executives in Dawakin ward, under Tofa LGA of Kano, suspended Ganduje over alleged corruption.

However, the working committee of the APC in Kano subsequently nullified the suspension and punished the ward executives.

The court ordered that henceforth, Ganduje should desist from presiding over all affairs of the national working committee (NWC) of the APC.

The application was granted by Usman Na’abba, a judge, on Tuesday, following an ex parte motion filed by Ibrahim Sa’ad, on behalf of executive members of the APC in Ganduje’s ward.

The court directed the respondents to maintain status quo pending the hearing and determination of the substantive suit on April 30.

Na’abba also stopped the state working committee of the APC in Kano “from interfering with the legally and validly considered decision of executives of Ganduje’s ward, essentially on action endorsed by two third majority of the executives as provided by the party constitution”.

“An order is hereby granted directing all parties in the suit APC (1st), APC National Working Committee (2nd), Kano State Working Committee APC (3rd), Dr. Abdullah Umar Ganduje (4th), to maintain status quo ante belum as of 15th April, 2024,” Na’abba said.

“The order thereby restraining the 1st respondent (APC) from recognising the 4th respondent (Ganduje) as member of APC and prohibiting the 4th respondent (Ganduje) from presiding over any affairs of the NWC and restraining the state working committee from interfering with the legally and valid decision of the ward executives of Ganduje ward.

“That the 4th respondent (Ganduje) is prohibited from parading himself as member of APC or doing any act that may portray him or seem to be a member of APC pending the hearing and determination of the substantive suit.”

On Tuesday, the Kano anti-corruption commission said it had filed fresh charges against Ganduje who was governor of the state from 2015 to 2023.

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Politics

Kano APC suspends Ganduje over corruption allegations

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The All Progressives Congress (APC) in Dawakin Tofa LGA of Kano has suspended Abdullahi Ganduje, national chair of the All Progressives Congress (APC), over corruption allegations.

The suspension was announced by Halliru Gwanzo, legal adviser of the ward, during a briefing with journalists in Kano on Monday.

Gwanzo cited allegations of bribery against Ganduje by the Kano state government as reason for the suspension.

“We decided to suspend Dr. Ganduje from the party due to the seriousness of the allegations against him,” Gwanzo said.

He added that the suspension will persist until Ganduje is cleared of the charges.

Last week, the Kano high court had stated that Ganduje will be arraigned on April 17 on charges bordering on bribery, diversion, and misappropriation of public funds.

In a court summon, it was stated that the former governor of Kano will be arraigned alongside his wife and son.

The other defendants in the case are Abubakar Bawuro, Jibrilla Muhammad, Lamash Properties Limited, Safari Textiles Limited, and Lesaga General Enterprises.

In a charge sheet seen by TheCable, the state government said the offences contravened the Kano State Public Complaints and Anti-Corruption Commission Law 2008.

BACKGROUND

In 2018, Daily Nigerian, an online newspaper, published a video of Ganduje allegedly receiving bundles of dollars from contractors, which he stuffed into his “babanriga”, a traditional outfit.

The APC national chairman was the governor of Kano from 2015 to 2023.

The newspaper said Ganduje requested $5 million as bribe from the contractors who recorded the video.

In 2023, the Kano state Public Complaints and Anti-Corruption Commission (PCACC) invited Ganduje for questioning over the video.

The former governor did not honour the invitation and instead instituted a suit against the agency.

In March, a federal high court in Kano stopped the agency from inviting or questioning Ganduje over the bribery allegations.

The court ruled that the agency lacks the power to invite or investigate Ganduje over the allegations.

Abdullahi Liman, the presiding judge, said the alleged infraction is a federal offence that cannot be prosecuted by the state anti-graft agency.

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Politics

38-year-old Omobayo to replace impeached Shaibu as Edo deputy governor

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Godwin Obaseki, governor of Edo, has picked Omobayo Godwin as his deputy, hours after the impeachment of Philip Shaibu.

The 38-year-old Omobayo is scheduled to be sworn in at the Edo government house in Benin City, the state capital, in the next couple of hours.

Born on July 19, 1986, Omobayo hails from Akoko Edo LGA of the state.

He holds a bachelor’s degree in electrical electronics, and a master’s degree in public administration from the University of Benin (UNIBEN).

Shaibu was impeached on Monday by the Edo house of assembly.

His impeachment followed the adoption of the report of a seven-man investigative panel.

The panel was set up by Daniel Okungbowa, chief judge of Edo, and was headed by S. A. Omonuwa, a retired justice.

Shaibu was accused of “misconduct, perjury and disclosure of government secrets”.

Obaseki fell out with Shaibu after the latter showed interest in contesting the governorship election.

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Bodex F. Hungbo, SPMIIM is a multiple award-winning Nigerian Digital Media Practitioner, Digital Strategist, PR consultant, Brand and Event Expert, Tv Presenter, Tier-A Blogger/Influencer, and a top cobbler in Nigeria.

She has widespread experiences across different professions and skills, which includes experiences in; Marketing, Media, Broadcasting, Brand and Event Management, Administration and Management with prior stints at MTN, NAPIMS-NNPC, GLOBAL FLEET OIL AND GAS, LTV, Silverbird and a host of others

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