President Muhammadu Buhari, Wednesday, 11th May 2022, directed all members of his cabinet seeking elective positions to resign on or before May 16, 2022.
This was disclosed by the information minister, Lai Mohammed, at the end of this week’s Federal Executive Council (FEC) meeting presided over by the President.
Some of Buhari’s ministers who had indicated interest in elective positions come 2023, are Transportation Minister, Rotimi Amaechi who seeks to be president; the attorney-general, Abubakar Malami who seeks to be Kebbi State governor; Labour Minister, Chris Ngige who’s aspiring for presidency; and Minister of State for Education, Emeka Nwajiuba who also seeks to be president.
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Meanwhile, it was reported by Buhari FEC meeting that Nwajiuba had already resigned as the Minister of State for Education, as the president commended his courage and the bold step taken. While the meeting lasted, Buhari had singled out Nwajiuba for braving the odds to quit to avoid conflict of interest, and said, “I expect other members of this council seeking to be President to resign with immediate effect”.
Buhari’s directive was made known on the day the Court of Appeal conditionally validated a section of the electoral law that mandates political office holders like ministers to resign before they can contest for elections or vote in party primaries.
The court of Appeal had voided the ruling of a High Court that nullified the controversial Section 84 (12) of the Electoral Act, 2022. Although the appellate court, essentially, validated the controversial law, it said it would have ruled otherwise if the main suit was properly brought before it.
The Court of Appeal in Abuja, on Wednesday, voided the judgment of the Federal High Court in Umuahia, Abia State, which nullified the controversial section.
Delivering its judgment, on Wednesday, a three-member panel of the appellate court headed by Hamma Barka, held that the Federal High Court, Umuahia, lacked jurisdiction to have adjudicated the suit, saying the plaintiff, Nduka Edede lacked the legal standing to have filed the case.
Earlier in the year, Buhari while signing the amended Electoral Act into law in February, urged the parliament to expunge Clause 84(12) of the Act.
The clause reads: “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 Court of Appeal said if it were to decide the case on its merit, the provision is unconstitutional because it is in conflict with Section 42 (1)(a) of the constitution. It stated that the controversial clause in the Electoral Act denies a class of Nigerians their right to participate in elections.
Buhari has made a good and commendable pronouncement that needs to be followed with strong actions. This would enable Nigerians to know who are really aspiring for elective positions, especially the Presidency, come 2023.
However, I wasn’t too comfortable with the ruling of the Appellant Court. How could it say the otherwise would have been ruled had it been the suit was properly presented? So, because the suit wasn’t aptly filed, the court refused to tender the actual ruling needed by the law?
The various Nigerian courts have, in recent times, been fond of causing confusing in the polity when are required to critically address matters of national importance. It’s indeed an aberration.