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Electoral Act: Appeal Court sets aside judgment voiding Section 84(12)

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The Abuja Division of the Court of Appeal has 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.

The Appellate Court in a judgment 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 added that Edede did not establish any cause of action to have warranted his approaching the court on the issue because he did not establish that he was directly affected by the provision.

The Court of Appeal struck out the suit marked: FHC/UM/CS/26/2022 which Edede filed before the FHC in Umuahia.

While determining the appeal on the merit, the Appellate Court however held that the provision was unconstitutional because it violated Section 42 (1)(a) of the constitution and denied a class of Nigerian citizens their right to participate in election.

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The judgment was on the appeal marked: CA/OW/87/2022 filed by the Peoples Democratic Party.

Section 84(12) of the Electoral Act provides that, “No political appointee at any level shall be a 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.”

The PDP had sued the President, the Attorney General of the Federation, Senate President, Speaker of the House of Representatives and Clerk of National Assembly.

It also sued the Senate Leader, House of Representatives Leader, and the Independent National Electoral Commission as 1st to 8th defendants respectively.

Others include Deputy Senate President, Deputy Speaker of House of Representatives, Deputy Senate Leader, and Deputy Leader of the House of Representatives as 9th to 12th defendants in the matter.

The PDP had challenged the legality or otherwise of the National Assembly tinkering with the Electoral Act, after it had been signed into law by President Muhammadu Buhari.

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Amidst debate about the subject matter, a Federal High Court sitting in Umuahia and presided over by Justice Evelyn Anyadike, on March 18, ordered the AGF to delete Section 84(12) of the Act.

Anyadike, in the judgment, 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.”

Anyadike held that Sections 66(1)(f), 107(1)(f), 137(1)(f), and 182(1)(f) of the 1999 Constitution already stipulated that appointees of government seeking to contest elections were only to resign at least 30 days to the date of the election.

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‘It’s false, mischievous’ — EFCC denies releasing list of ex-governors under probe for corruption

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The Economic and Financial Crimes Commission (EFCC), on Sunday, denied the report that it released a list of ex-governors being investigated for alleged corruption.

In a statement by Dele Oyewale, EFCC’s head of media and publicity, the agency described the report as “false and mischievous”.

Citing a report titled “EFCC Releases Full List of 58 Ex- Governors that Embezzled N2.187 Trillion”, the anti-graft agency said the commission neither issued the said list nor entertained discussions on investigation of ex-governors with any news medium.

 

“This invariably means that the so-called list is a disingenuous fabrication designed to achieve motives known only to the authors,” the statement reads.

 

“The public is enjoined to ignore the report as it is false and misleading.

“The media is advised to endeavour to crosscheck facts pertaining to matters under investigation with the Commission to avoid misleading the public with false and inaccurate reports.”

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Good Morning! Here Are Some Major News Headlines In The Newspapers For Today: Archbishop, wife, son, three other clergymen kidnapped in Abia

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1. Archbishop Uka Uka Osim of the Brotherhood of the Cross and Star, his wife, Anne Osim and son, Roland Uka Osim, have been kidnapped. They and three other clergymen of Brotherhood of the Cross and Star, were abducted in Abia State on May 1, 2024.

 

2. The Sultan of Sokoto, Alhaji Muhammadu Sa’ad Abubakar, on Saturday, urged prayers by Nigerians for the country and its leaders to be able to overcome the problems confronting the country. He said the current socio-political problems in the country were not peculiar to Nigeria and would be overcome with prayers and support of the generality of the people.

 

3. Gunmen have killed Malam Kabiru Mohammed, the village head of Marke in Dandamisa Ward, Makarfi Local Government Area of Kaduna State. It was gathered that the gunmen, suspected to be hired killers, entered the residence of the victim at about 12:30 am on Thursday and sent everyone out of the compound.

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4. DStv and GOtv customers in Nigeria have been notified to expect disruption in service from Sunday, May 5, to Tuesday, May 7, due to the ongoing construction project on the Lagos-Calabar Coastal Highway. In a notice shared on social media on Friday, DStv assured customers that its technical team will be working to relocate its facility and minimise service disruptions during the process.

5. A woman, her toddler and a motorcyclist popularly known as Okada rider were reportedly involved in a car accident on the Festac Link Bridge in the Ammuo Odofin Local Government Area of Lagos State on Saturday night. It was gathered that the incident occurred at about 11:00pm. The victims were unconscious when they were rushed to the hospital.

 

6. Gunmen suspected to be bandits have reportedly killed three villagers in the Ogbaulu community of Agatu Local Government Area of Benúe State. A local who disclosed this on Saturday said that the victims were working on their separate farms on Friday afternoon when the bandits attacked them.

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7. Organised Labour, weekend, fired back at state governors, warning them against inflammatory utterances that could set the nation’s industrial space on fire over the new national minimum wage. It faulted the statement credited to the governors through the Nigerian Governors’ Forum, NGF, that they were working on what individual states could sustainably pay

 

8. Abia State Governor, Dr. Alex Otti, has said that a “real” airport would soon be built in the state to ease the movement of goods and services. Otti who disclosed this while receiving the Deputy Speaker, House of Representatives, Hon Benjamin Kalu, in his country home, said he had already held a meeting with the Minister of Aviation in this regard.

 

9. The National Secretary of the All Progressives Congress, APC, Dr. Ajibola Basiru, has accused the presidential candidate of the New Nigeria People’s Party, NNPP, Rabiu Kwankwaso of fuelling the purported call for the removal of the National Chairman of APC, Abdullahi Ganduje. Basiru said the call for the removal is a ‘mere circus’ orchestrated by Kwankwaso and his ‘dying’ party, NNPP.

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10. The lawmaker representing Abakaliki North Constituency in Ebonyi State House of Assembly, Hon Victor Nwoke has dumped the Peoples Democratic Party, PDP, for the All Progressives Congress, APC. The lawmaker joined APC with his supporters. He said the intractable crises in PDP forced him out of the party.

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Fitch upgrades Nigeria’s credit outlook to positive, cites economic reforms

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Fitch, a global rating agency, has reviewed Nigeria’s outlook to positive from stable.

A credit rating is a measure of how likely a company or government entity can pay back its debts, based on an independent assessment of its financial health.

Fitch, in a statement on May 3, said the positive outlook partly reflects reforms implemented over the past year to support the restoration of macroeconomic stability and enhance policy coherence and credibility.

 

“Exchange rate and monetary policy frameworks have been adjusted, fuel subsidies reduced, coordination between the ministry of finance and the Central Bank of Nigeria (CBN) improved, central bank financing of the government scaled back and administrative efficiency measures are being taken to raise the currently low government revenue, as well as oil production,” Fitch said.

 

Fitch said the reforms have lessened distortions stemming from previous “unconventional monetary and exchange rate policies,” leading to the return of sizeable inflows to the official foreign exchange (FX) market.

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“Nevertheless, we see significant short-term challenges, notably, inflation is high and the FX market has yet to stabilise, and the durability of the commitment to reform is to be tested,” the credit agency said.

“The CBN has stepped up efforts to reform the monetary and exchange rate framework following last year’s unification of the multiple exchange rate windows, and the large differential between the official and parallel market rates has collapsed.

 

“Average daily FX turnover at the official FX window has risen sharply from 2H23, and there has been clearance of USD4.5 billion of the backlog of unpaid FX forwards (the validity of the outstanding USD2.2 billion is being assessed by CBN), and weekly sales of FC to bureaux de changes (BDCs) have resumed (having been suspended since 2021).”

‘RETURN OF SIZEABLE NON-RESIDENT INFLOWS’

Fitch said increased formalisation of FX activity and monetary policy tightening has contributed to a notable rise in foreign portfolio investment inflows and a fast appreciation of the naira at the official FX window.

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According to the company, this followed the 71 percent “post-liberalisation depreciation between June 2023 and mid-March 2024”.

 

However, the credit rating agency said the exchange rate remains volatile.

Fitch said the continued lack of clarity on the size of net FX reserves is a constraint on Nigeria’s sovereign’s credit profile.

‘FURTHER MONETARY POLICY TIGHTENING ANTICIPATED’

In March, the Central Bank of Nigeria (CBN) raised the monetary policy rate (MPR), which benchmarks interest rates, from 22.75 percent to 24.75 percent.

 

Fitch said it expects further increases in the CBN monetary policy rate in the second half of 2024 and “strengthening of monetary policy transmission, after the recent resumption of open market operations at rates closely aligned to the MPR”.

“We project inflation, which rose to 33.2% yoy in March due partly to exchange rate pass-through and rising food prices, to average 26.3% in 2024 and 18.2% in 2025, still well above our projected ‘B’ median of 4.5%,” Fitch said.

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In December 2023, Moody’s, a US-based rating agency, also revised its outlook for Nigeria from stable to positive.

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