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Refusal to Sign Electoral Bill: NBA Knocks Buhari, Asks NASS to Act

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The Nigerian Bar Association (NBA) has faulted the decision of President Muhammadu Buhari to decline assent to the Electoral Act (Amendment) Bill 2021.

In a statement dated December 22, NBA President Olumide Akpata described the President’s action as unfortunate, but unsurprising.

In withholding assent to the bill, he explained that the President merely exercised a prerogative constitutionally available to him within the broader context of the rule of law, which the NBA stands for.

The union, Akpata stated, was not convinced that, in the circumstance, President Buhari demonstrated good faith in the exercise of his veto powers.

According to him, it is expected the Executive will be more directly involved in the legislative process while the bill passes through the various legislative stages at both houses of the National Assembly, considering its significance.

“But the decision to sit back and watch the National Assembly pass the bill with the supposedly unworkable direct primaries provision did not do justice to the President’s mandate,” the lawyer said.

He stressed that there was no justification for the President to have waited until the final moment before communicating his refusal to assent to the bill, adding that he should have treated the bill with a reasonable measure of urgency, especially in the case where he ultimately withheld his assent.

Akpata, however, asked the National Assembly to rise to the occasion by overriding the President’s veto or immediately effect the necessary changes and return the bill for reconsideration.

Read the full statement below:

The Nigerian Bar Association (“NBA”) has received the unfortunate, but unsurprising, news of the decision of His Excellency, President Muhammadu Buhari GCFR (the “President”) to decline assent to the Electoral Act (Amendment) Bill 2021 (“the Bill”).

For the following reasons, we join other civil society groups and well-meaning Nigerians in expressing our discontent with the manner of the exercise of the President’s veto.

The NBA acknowledges that in withholding assent to the Bill, the President merely exercised a prerogative constitutionally available to him within the broader context of the rule of law, which the NBA stands for.

Nevertheless, we are not convinced that, in the circumstance, the President demonstrated good faith in the exercise of his veto powers.

Two interrelated factors account for our stand.

Firstly, considering the significance of the Bill, one would have expected the Executive Arm of Government to be more directly involved in the legislative process while the Bill passed through the various legislative stages at both houses of the National Assembly.

The decision to sit back and watch the National Assembly pass the Bill with the supposedly unworkable direct primaries provision did not do justice to the President’s mandate.

Secondly, we cannot find any justification for the President to have waited until the final moment before communicating his refusal to assent to the Bill.

We note that the Constitution donates a 30-day period to the President within which to assent or withhold assent to a bill.

However, the fact that time is of the essence should have dictated that the President treat the Bill with a reasonable measure of urgency especially in the case where the President ultimately withheld his assent.

Waiting until after expiration of the 30 days, and even taking advantage of an additional day under the Interpretation Act while the entire nation, waited with bated breath, only to communicate a veto, is not consistent with the conduct of a partner in the quest for the needed reform of the country’s electoral process, which should ordinarily be a cardinal point of the President’s agenda, and more fittingly, legacy.

Further, in view of His Excellency’s personal experiences with the inadequacies of our electoral process, and having repeatedly pledged to strengthen the electoral process, not just in Nigeria, but also across the West African sub-region, the NBA expected more from the President. We fail to see how the above actions contribute to strengthening the electoral process.

In the circumstance, the credibility of the 9th National Assembly is on the line, and the ball is now firmly in their proverbial court to rise to the occasion, and either take the historic decision to override the President’s veto or immediately take the necessary legislative steps to effect any necessary changes and return the Bill to the President for reconsideration.

Otherwise, the National Assembly risks lending credence to the rumours in some corners that the provisions relating to direct primaries were inserted into the Bill to provide a leeway for the eventual rejection of the Bill. With less than 14 months before the next general elections, the NBA calls on the National Assembly to act right and timeously before it is too late.

OLUMIDE AKPATA

President

Nigerian Bar Association

22nd December 2021

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Attorney-General Asks Court to Deregister ADC, Accord, Three Other Parties

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The Attorney-General of the Federation has urged the Federal High Court in Abuja to compel the Independent National Electoral Commission (INEC) to deregister five political parties, arguing that their continued existence violates constitutional provisions and undermines Nigeria’s electoral integrity.

In court filings, the Attorney General contended that unless the court intervenes, INEC would “continue to act in breach of its constitutional duty” by retaining parties that have failed to meet the minimum requirements prescribed by law.

The filing stressed that the right to associate as a political party is not absolute and must be exercised within constitutional limits. It further argued that it is in the interest of justice for the court to grant the reliefs sought by the plaintiffs.

The suit, marked FHC/ABJ/CS/2637/2026 and filed at the Abuja Judicial Division of the Federal High Court, lists the Incorporated Trustees of the National Forum of Former Legislators as the plaintiff.

The defendants include INEC as the first defendant and the Attorney General of the Federation as the second defendant, alongside five political parties: African Democratic Congress (ADC), Action Alliance (AA), Action Peoples Party (APP), Accord (A), and Zenith Labour Party (ZLP).

At the center of the issue in the case is whether INEC has a constitutional obligation to remove parties that fail to meet electoral performance thresholds set out in Section 225A of the 1999 Constitution (as amended) and reinforced by the Electoral Act 2022 and INEC’s own regulations.

The plaintiffs argue that the affected parties have persistently failed to satisfy the constitutional benchmarks required to retain their registration. These include winning at least 25 per cent of votes in a state during a presidential election or securing at least one elective seat at the national, state or local government level.

They contend that the parties performed poorly in the 2023 general elections and subsequent by-elections, failing to win seats across key tiers of government, yet continue to be recognised by INEC as eligible political platforms.

The plaintiffs maintain that this continued recognition is unlawful and undermines the integrity of Nigeria’s electoral system.

In the affidavit supporting the suit, the forum’s national coordinator, Igbokwe Raphael Nnanna, states that allowing parties that have not met constitutional requirements to remain on the register “is unconstitutional, illegal and a violation” of the governing legal framework.

The suit asks the court to declare that INEC is duty-bound to deregister such parties and to compel the commission to do so before preparations for the 2027 elections advance further.

Beyond declaratory reliefs, the plaintiffs are also seeking far-reaching orders that would bar the affected parties from participating in the next general elections or engaging in political activities such as campaigns, rallies and primaries. They further request injunctions restraining INEC from recognising or dealing with the parties in any official capacity unless and until they comply strictly with constitutional provisions.

Central to the plaintiffs’ argument is their interpretation of the law as imposing a mandatory duty on INEC. They argue that the use of the word “shall” in the Constitution leaves no room for discretion once a party fails to meet the stipulated thresholds.

In their written address, they rely on statutory provisions and judicial precedents to contend that electoral performance is an objective condition that must be enforced to maintain discipline, transparency, and accountability in the political system.

Tribune

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Supreme Court to Rule on ADC, PDP Leadership Crises Today

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Attention has shifted to the Supreme Court, which has fixed April 30 (today) for judgment in the leadership tussle within the African Democratic Congress (ADC).

A five-member panel led by Justice Mohammed Garba will resolve the appeal filed by the David Mark-led faction concerning the authentic leadership of the party.

Also on Thursday, the court is expected to determine the leadership dispute rocking the Peoples Democratic Party (PDP).

Two PDP factions—one led by Kabir Turaki and the other by the Minister of the Federal Capital Territory, Nyesom Wike—are laying claim to the leadership of the party.

The Supreme Court had on April 22 reserved judgment in the ADC crisis to a date to be communicated to the parties involved in the tussle.

However, on Tuesday, the ADC formally wrote to the Chief Justice of Nigeria (CJN), Justice Kudirat Kekere-Ekun, pleading for the quick delivery of judgment in the leadership tussle at the national level.

The party claimed it would suffer irreparable harm if judgment in the protracted battle was not delivered within the period allowed by the Electoral Act for fielding candidates for the 2027 general elections.

It stated in part: “Without the delivery of judgment within the next three days from the date of this letter, the ADC stands the grave and irreversible risk of being excluded from participating in the 2027 general elections.

“This would disenfranchise millions of Nigerians who have subscribed to the ideals of the ADC and deny them their constitutional right to freely associate and contest elections through a political party of their choice.”

At the April 22 hearing, Jibrin Okutepa, SAN, who represented David Mark, urged the Supreme Court to allow the appeal, arguing that the apex court had earlier, on March 21, 2025, held that “no court has jurisdiction to entertain matters bordering on the internal affairs of political parties.”

During the hearing, Okutepa urged the apex court to hold that the Federal High Court in Abuja lacked jurisdiction to entertain the suit.

However, Robert Emukperu, SAN, who represented the first respondent, Nafiu Gombe, urged the court to dismiss the appeal and affirm the judgment of the lower court, which held that the suit was premature.

It will be recalled that a three-member panel of the Court of Appeal dismissed Mark’s appeal, ruling that it was premature and filed without leave of the trial court.

In the PDP matter, the first appeal, marked SC/CV/164/2026, stems from a decision of Justice Peter Lifu of the Federal High Court in Abuja, who restrained the party from proceeding with its planned convention pending the determination of a suit filed by former Jigawa State Governor Sule Lamido.

On November 14, the court issued a final order restraining the PDP from conducting its national convention.

Justice Lifu held that Lamido was “unjustly denied” the opportunity to obtain a nomination form to contest for national chairman, in violation of the PDP constitution and internal regulations.

The Court of Appeal later upheld the decision on March 9, prompting the PDP to appeal.

The second appeal, SC/CV/166/2026, was filed by the PDP, its National Working Committee (NWC), and National Executive Committee (NEC).

It arose from a judgment delivered by Justice James Omotosho, which stopped the party from holding its Ibadan national convention.

The Court of Appeal upheld that decision, agreeing that INEC should not validate the outcome of the convention.

After hearing all arguments, the Supreme Court reserved judgment, stating that the date would be communicated to the parties.

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Obasanjo Knocks Tinubu’s Govt over Inability to Protect Lives, Property

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Former President Olusegun Obasanjo has lambasted the administration of President Bola Tinubu over insecurity bedeviling the country.

In an interview with News Central, Obasanjo said any government that cannot protect lives and property of its citizens has no basis to exist.

The former leader was reacting to the recent wave of insecurity, which has confronted Nigeria, resulting in the killing of several citizens and abduction of others.

“Let me tell you, the government that cannot give security of life and property of its citizen has no right of existence.

“The elected members of our National Assembly have no right to fix their own salary and their own emolument.

“It’s not in our constitution for them to do that. It’s the revenue mobilization and allocation commission that should do it,” he said.

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