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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.”
**Calls for reversal of the ill-informed Move by the House of reps
The Coalition of United Political Parties (CUPP) has Condemned the attempt by the House of Representatives to refer Ikenga Imo Ugochinyere and other members to the Committee On Ethics for probe over their Solidarity Visit to the Rivers State Governor, Siminalayi Fubara.
Fifty members of the House of Representatives hadq paid a solidarity visit to the Rivers State governor, Siminalayi Fubara, to celebrate his one year in office.
The lawmakers, who consist of members of the Peoples Democratic Party ( PDP), Labour Party ( LP), New Nigeria Peoples Party ( NNPP), All Progressives Grand Alliance ( APGA) and the All Progressives Congress (APC) also include the spokesman of opposition coalition, in the House, Ikenga Ugochinyere..
Ugochinyere had explained on the sideline of the thanksgiving service in Port Harcourt that federal lawmakers were in Rivers to solidarilize with Fubara and celebrate with him on his one year of transformational leadership.
But the House had referred the Honourable members to the Committee on Ethics for disciplinary action over their visit
However, the chairman,
Media Committee of the
Coalition of United Political Parties (CUPP) Chief Barr. Chukwudi Ezeobika in a statement has tackled the leadership of the House for the action which he said clearly cast doubt on its integrity in the observance and or adherence to the laws which they enact/promulgate.
“Relying on the point of order/ privilege raised by Yusuf Gagdi of the All Progressives Congress, Plateau State to arrive at such decision is erroneous and grossly misleading.
“The House, by this very action, has impugned on the integrity and sacredness of Chapter IV of the 1999 Constitution of the Federal Republic of Nigeria (as amended) especially Sections 39 and 40 which guarantee Freedom of Expression and the Press as well as that of Peaceful Assembly and Association respectively.
“We, the Coalition of United Political Parties (CUPP), hereby call on the leadership of the House of Representatives to, without further delay retract its ongoing steps in the purported probe of these Honourable members by its Ethics Committee and not engage in any act that may violate the fundamental rights of its members or any member of the public.
the Kano State Police Command has countered reports that Alhaji Aminu Ado Bayero will lead Jumma’t Prayers at Kofar Kudu Central Mosque, Kano, where Alhaji Muhammadu Sanusi, Emir of Kano, leading prayer at the moment.
The reinstated Emir Muhammadu Sanusi II and the dethroned Emir Aminu Ado Bayero, have been laying claim to the throne, creating confusion in the city.
Governor Abba Kabir Yusuf had dethroned Ado Bayero and asked him to hand over within 48 hours.
But the dethroned monarch in defiance returned to the town under military protection and has been operating from the mini palace since then.
In a statement by Abdullahi Kiyawa, spokesman of Kano Police Command, said, “The Commissioner of Police, CP Mohammed Usaini Gumel, FIPMA, psc further assured that all necessary security arrangements have been made for Alhaji Aminu Bayero to observe his Jummah Prayers in the Mosque where he lives at the Nasarawa Palace.
“The CP also assured that the Police and all other state security agencies will provide adequate security at the Palace where Emir Muhammadu Sanusi II is expected to observe his Jumma’at Prayers.
“Members of the public are therefore advised to ignore the false reports and misinformation circulating on social media and to go about their activities without fear of molestation or intimidation assuring that the Police will continue to provide the necessary security for ensuring that residents observe their Friday congressional prayers peacefully and without threats to their lives and property.”
The emirate tussle has continued to linger since the reinstatement of Sanusi and dissolution of the five emirates.
There have been cnflicting court orders for and against
Based on the conflicting orders, the Chief Justice of Nigeria, Justice Kayode Ariwoola, had summoned the head of the Federal High high Court and Kano Chief Judge.
The Police statement reads,
KANO STATE POLICE COMMAND
31ST MAY, 2024
The Kano State Police Command is hereby advising all residents to disregard the false information circulating on social media that Emir Alhaji Aminu Ado Bayero will lead Jumma’t Prayers at Kofar Kudu Central Mosque, Kano.
2. The Commissioner of Police, CP Mohammed Usaini Gumel, FIPMA, psc further assured that all necessary security arrangements have been made for Alhaji Aminu Bayero to observe his Jummah Prayers in the Mosque where he lives at the Nasarawa Palace.
3. The CP also assured that the Police and all other state security agencies will provide adequate security at the Palace where Emir Muhammadu Sanusi II is expected to observe his Jumma’at Prayers.
4. Members of the public are therefore advised to ignore the false reports and misinformation circulating on social media and to go about their activities without fear of molestation or intimidation assuring that the Police will continue to provide the necessary security for ensuring that residents observe their Friday congressional prayers peacefully and without threats to their lives and property.
SP ABDULLAHI HARUNA KIYAWA, ANIPR, MNISMA,
POLICE PUBLIC RELATONS OFFICER,
FOR: COMMISSIONER OF POLICE, KANO STATE COMMAND.
As the royal turbulence continue to shake the foundation of the city of Kano, the ancient city is tension soaked as the two contending Emirs- the reinstated Emir Muhammadu Sanusi II and the dethroned Emir Aminu Ado Bayero, have indicated their determination to hold Jumaat prayers at the Palace Central Mosque.
A press statement issued Thursday night, signed by Danburan Kano, Munir Sanusi Bayero, spelt out the itinerary of the reinstated Emir Muhammadu Sanusi II to the Mosque to lead the Jumaat Prayers.
The statement explained that Emir Malam Muhammadu Sanusi II, who resides in the Palace, and is closer to the contending Mosque, is expected to lead the two rakat Friday prayers.
Emir Muhammadu Sanusi II has been leading the Jumaat Prayers at the Palace Central Mosque as the Amir of the City, a statement explained.
The statement by Danburan invited Kano residents to come and listen to the sermon to be delivered by the Emir Malam Muhammadu Sanusi II.
However, another statement from an aide of the deposed Emir, Alhaji Aminu Ado Bayero invited residents to join him at the Emir’s Palace Friday Mosque to observe the Juma’at prayer.
It stated that the movement to the Emir’s Palace Mosque starts at 12.30 pm.
However, the police are yet to comment on the development.
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