Verdict on Electoral Act: The Rule of Malami again
RingTrue with Yemi Adebowale, yemi.adebowale@thisdaylive.com; 08054699539 (text only)
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The actions and inactions of the Attorney General of the Federation (AGF) and Minister of Justice, Abubakar Malami, no longer shock me. I had long given up on him because of his unending shenanigans. This country has never had it so bad with an AGF, who persistently allows his personal interest to overshadow his job. The Rule of Law in Nigeria, under this AGF, has become The Rule of Malami. His reaction to the Match 18 Federal High Court, Umuahia’s ruling nullifying Section 84 (12) of the Electoral Act 2022 barring political appointees from contesting elections was scandalous but I was not shocked. It was just the typical Malami pushing aside the Rule of Law to protect personal interest. So, The Rule of Malami takes over.
Few days before the judgement, Malami had declared that the federal government would explore other means, including the court to ensure the said portion of the law, which he claimed offends other sections of the Constitution, was expunged from Electoral Act 2022. It was obvious that he was planning a judicial assault on the law, because it would hinder his political ambition. It is common knowledge that Malami has his eyes fixed on becoming Kebbi State governor in 2023. For him, to resign as minister, 10 months to the general election, will be suicidal.
So, barely a few hours after Justice Evelyn Anyadike of the Federal High Court, Umuahia’s decision, Malami issued a statement saying the federal government “will immediately give effect to the judgment by gazetting it.”
The AGF declared: “The Act will be gazetted factoring the effect of the judgment into consideration and deleting the constitutionally offensive provision accordingly. The provision of Section 84(12) of the Electoral Act 2022 is not part of our law and will be treated accordingly. This is in line with the dictates of chapter 7, Part 4, Section 287 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) on enforcement of decisions that makes it a point of duty and obligation on all authorities and persons to have the judgment of the Federal High Court, among others, enforced.”
Haba! How can Malami be talking about gazetting a judgement obtained at a lower court, with the option of appeal still there? Besides, in the production of gazettes by the Executive, the Attorney General cannot delete or add any provision to the Act once signed into law by the governor or president. All the authorities I spoke to agreed. This ruling that the AGF should forthwith delete Section 84 (12) from the Electoral Act 2022 is weird. Where did he derive this power from?
The other part of Malami’s reaction in which he talked about enforcing the Justice Anyadike judgement is scandalous. I guess our AGF is so sure that the judgement would be “effectively managed” at the appeal court. So, he has been all over celebrating this disgraceful judgement that they deliberately went to Umuahia to get. “The judgment will be recognised by the government printers in printing the Electoral Act 2022. My office will accordingly give effect to the court’s judgment in line with the dictates of the law and the spirit of the judgment,” so declared our calamitous AGF.
Justice Anyadike’s judgement is full of holes. This is what is called “Jankara” judgement in Lagos. I am sure it would not survive at the appellate court. The fact that the plaintiff, Nduka Edede, a member of Action Alliance (AA), did not join the body that enacted the law, i.e. the National Assembly, is enough for Justice Anyadike to strike out the suit. She did not.
In nullifying Section 84 (12) of the Electoral Act 2022, Justice 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 are only to resign at least 30 days to the date of the election and that any other law that mandated such appointees to resign or leave office at any time before that was unconstitutional, invalid, illegal, null and void, to the extent of its inconsistency with the clear provisions of the Constitution.
Sections 66(1)(f) and 107(1)(f) of the Constitution quoted by Justice Anyadike to back the ruling do not and cannot apply to political appointees. Those sections of the Constitution talked about people employed in the public service; political appointees are not included in the list of persons employed in the public service of either the federal government or state governments. As the name implies, they are simply “appointed.”
Lagos lawyer, Femi Falana elucidates: “Specifically, each of the aforesaid sections provides that no person shall be qualified for election if he is a person employed in the public service of the Federation or of any State and has not resigned, withdrawn or retired from such employment 30 days before the date of election.
“By virtue of section 318 of the Constitution, political appointees are not included in the list of persons employed in the public service. To that extent, section 84 (12) of the Electoral Act was annulled on a very faulty ground. No doubt, the Judge would have dismissed the case if his attention had been drawn to the cases of Dada V. Adeyeye (2005), Asogwa V. Chukwu (2003) and Ojonye V. Onu (2018) where the appellate courts held that political appointees or political office holders are not public servants as provided for under the Constitution.”
Another bizarre thing about this case on Section 84 (12) of the Electoral Act 2022 is that the defendant is unknown and the case was determined in a record 10 days. It can’t happen anywhere in the world. No wonder the Nigerian Bar Association (NBA) is demanding for the process filed, and the record of proceedings in the case
It is likewise heartwarming that the Senate resolved last Wednesday to appeal this weird judgment from Umuahia. The motion was sponsored by Senator George Sekibo and co-sponsored by 79 other Senators. So, 80 of the 109 senators are backing this appeal.
Sekibo’s presentation was instructive. He gave further clarification on Section 84 (12) of the Electoral Act. Section 84(12) of the Electoral Act 2022 which states that “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.”
Sekibo clarifies: “Section 84 (12) of the Act exclusively refers to nomination conventions and congresses called for candidate selection and not participation in the general election which Sections 66 (1)(f), 137 (1)(g) and 182 (1)(g) referred to. The interpretation of the meaning of the words ‘civil service’ and ‘public service’ in Section 318 was unambiguous. There’s a difference between the civil service or public service and political appointment.”
I expect the appellate court to throw away Justice Anyadike’s ruling. There is no wisdom in it. Political appointees interested in running for elective offices in 2023 should just resign before the primaries of their political parties. For me, this is candid; there is no breach of anybody’s right here. Section 84 (12) of the Electoral Act 2022 will help to deepen democracy in this country. It is constitutional and valid. It has not in any way abridged the rights of political appointees to participate in the electoral process. The advantages conferred on political appointees participating in primaries must end.
Sanwo-Olu Must Tackle Corruption in LASTMA
One agency that has massively damaged the image of Governor Babajide Sanwo-Olu is the Lagos State Traffic Management Authority (LASTMA). Officers and men of this agency have long abandoned their principal role of ensuring smooth transportation across the state; they are now largely involved in setting traps for motorists and collecting bribes. You will hardly find LASTMA working to prevent gridlocks or managing gridlocks. You won’t find these malicious men at entry points, preventing drivers from entering BRT or one way lanes.
Anybody in doubt should visit the long stretch called Ikorodu Road at peak periods, particularly places like Ketu under bridge, Ketu bus stop, Mile 12 and Agric bus stops. The tarnished LASTMA boys have a notorious spot after the Mile 12 Bridge. Once a driver descends Mile 12 Bridge (inward Ikorodu) they lay siege for those that slightly stray into the BRT line (not lane). The line is drawn so close to the descending part of the bridge. So, drivers not used to this route fall victims. What a country!
These traffic managers from hell hide in corners to apprehend drivers on the BRT lane or those who break the one-way rule. They then negotiate for bribes. This is now the priority of LASTMA boys across Lagos State. More often than not, they push apprehended drivers aside and forcefully take over their vehicles; even after they had been banned from doing so.
My dear Sanwo-Olu, your LASTMA is almost all about harassing motorists and collecting bribes. They have become terrorists on Lagos roads. You must stop this. One easy way of ending this madness is to strip LASTMA of the power of arrest. This will enable them concentrate on their main job of ensuring seamless transportation. Again, a lot of criminals have been recruited into this agency. You must overhaul LASTMA. This is food for thought for Sanwo-Olu today.
Katsina, Kaduna Killings
Human lives have no meaning in this country. Those running the show care less about unending killings in our beloved country. How do these leaders sleep with figures showing that in just two days, March 20 to March 21, 74 people were killed by terrorists in Kaduna and Katsina states? No fewer than 20 of them, including the village head, were killed in Ganar-Kiyawa, Bukkuyum Local Government Area of Zamfara State last Sunday. Terrorists attack Ganar-Kiyawa almost on daily basis to kill and abduct women/children.
Seventeen people were killed the following day in Juyi and Doruwa villages (Bungudu Local Government) of the same Zamfara State.
Also last Sunday, 37 deaths were recorded, two soldiers inclusive, when terrorists attacked four communities within Kagoro Chiefdom, Kaura Local Government Area of Kaduna State.
The response of security agents to these killings remains pathetic. Not a single one of the killers in Ganar-Kiyawa, Juyi, Doruwa and Kagoro Chiefdom has been apprehended. How long shall Nigerians continue to bury their loved ones? The security of the people is evidently no longer the priority of the Nigerian state.
On the flip side, Governor Aminu Masari of Katsina State who funneled millions of Naira to the terrorists in his state in the name of amnesty is now regretting his action. Masari recently admitted that with the benefit of hindsight, his government should never have negotiated with the terrorists, “let alone grant them amnesty because they are criminals.
The governor said some of the so-called repentant terrorists, who were released from custody as a result of the peace deals, were now leaders of terror gangs with more than 100 bands and various camps in Zamfara, Sokoto and Katsina states.
“In fact, I will never trust them again because we realised they are not ideologically inclined. So, we are negotiating with thieves. They have failed me once; they have failed me twice so I will be a fool to go the same way. And you even see the Zamfara governor who engaged them. They have failed him more than three times. They are common criminals,” declared the governor.
The likes of Masari made terrorism lucrative with their so called amnesty and deals with the criminals. This is the mess that contributed to the growth of terrorism in Nigeria. When terrorists are paid in the name of peace, once the money finishes, they will return to the business. Now, Masari is weeping. It is not too late to deal with the terrorists. The Katsina governor should put pressure on President Buhari to do the needful.
