NASS Leadership : APC dragged to court over exclusion of South-East -

NASS Leadership : APC dragged to court over exclusion of South-East

……………An advocacy group under the aegis of Kingdom Human Rights Foundation International, on Thursday, went before the Federal High Court in Abuja to challenge decision of the All Progressives Congress, APC, to zone the leadership of the National Assembly in a manner that would exclude the South East region of the country.

In an originating summons marked as FHC/ABJ/CS/477/2019, the group, alongside a member of the APC, Hon. Kenneth Uzochukwu who was cited as the 2nd Plaintiff, posed three legal questions for the determination of the court, even as they equally sought for six declarations.

Cited as Defendants in the matter were the APC, the National Assembly and the Federal Character Commission.

Specifically, the Plaintiffs, through their lawyer, Mr. Okere Nnamdi, are praying the court to determine; “Whether the 1st Defendant (APC), can ignore the express provisions of Section 224 of the 1999 Constitution of the Federal Republic of Nigeria in zoning/determining which of the six geo-political zones in Nigeria (recognized in the Federal Character Establishment Act) produces the presiding and principal officers of the 9th National Assembly comprising of the House of Representatives and the Senate.

“Whether the decision of the 1st defendant to zone/cede the office of the Senate President to the North East, Deputy Senate President to South-South; and Speaker of the House of Representatives to the South west and Deputy Speaker to North Central and thereby totally excluding/obliterating/annihilating the South east geo-political zone in the political arithmetic of Nigeria, particularly in the 9th National Assembly breaches the express provisions, spirit and tenor of sections 14 (3) and (4) and 244 of the 1999 Constitution (as amended); AND complies with the Federal Character principle of Nigeria”.

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As well as, “Whether in view of the combined reading of Section 1 (3) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and Article 2 of the Constitution of the All Progressives Congress 2014 (as amended), the National Executive Committee or the National Working Committee of the 1st Defendant can take any decision to zone principal and presiding officers of the National Assembly of Nigeria in a manner that offends the express provisions, sprit and tenor of sections 14 (3) and (4) and 224 of the Constitution of the Federal Republic of Nigeria 1999 (as amended); by subjecting the Igbos of South-east Nigeria to discrimination, marginalization, humiliation, domination, suppression, hatred and inequality in Nigeria”.

Upon determination of the questions, the Plaintiffs, prayed the court to declare that, “The 1st Defendant cannot for any reason whatsoever ignore the express provisions of Section 224 of the 1999 Constitution of the Federal Republic of Nigeria in zoning/determining which of the six geo-political zones in Nigeria (recognized in the Federal Character Establishment Act) produces the Presiding and Principal Officers of the 9th National Assembly comprising of the House of Representatives and the Senate.

“A declaration of the honourable court that the decision of the 1st defendant to zone/cede the office of the Senate President to the North East, Deputy Senate President to South-South; and Speaker of the House of Representatives to the South west and Deputy Speaker to North Central and thereby totally excluding/obliterating/annihilating the South east geo-political zone in the political arithmetic of Nigeria breaches the express provisions, spirit and tenor of sections 14 (3) and (4) and 244 of the 1999 Constitution (as amended); AND offends the Federal Character Principle of Nigeria.

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“A declaration of the honourable court that the National Executive Committee or the National Working Committee of the 1st Defendant cannot take any decision to zone or cede principal and presiding officers of the National Assembly of Nigeria in a manner that offends the express provisions, sprit and tenor of sections 14 (3) and (4) and 224 of the Constitution of the Federal Republic of Nigeria 1999 (as amended); in view of the combined reading of section 1 (3) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and Article 2 of the Constitution of the All Progressives Congress 2014 (as amended).

“An order of the Court directing/compelling the 1st Defendant to review/reverse its unconstitutional, unjust, discriminatory and clannish decision to zone/cede the presiding/principal officers of the National Assembly in a manner that offends the Federal Character of Nigeria, provided for in section 14 (3) and (4) of the 1999 Constitution (as amended).

“An order directing and compelling the 1st Defendant to observe the Federal Character Principle of Nigeria in every of its decision(s) and program(s) in line with the express/mandatory provisions of section 224 of the 1999 Constitution of the Federal Republic of Nigeria.

Likewise, “An Order of court compelling/mandating the Federal Character Commission of Nigeria to carry out its constitutional/statutory responsibility of working out equitable formula for the distribution of all cadres of posts in Public Service of the Federation, particularly the present composition of the government of the Federation; to wit: (a) President Muhammadu Buhari (President) North. (b) Prof. Yemi Oshibanjo (Vice President) South-west (c) Justice Tanko Muhammed (Chief Justice of Nigeria) North; in such a way that the Heads/Presiding Officers of the National Assembly must balance the equation among the six geo-political zones recognized by Law”.

See also PRESS RELEASE Conduct credible, unbiased LG election, Makinde charges OYSIEC …inaugurates commission *'I won't interfere with your activities' Oyo State Governor, Engineer Seyi Makinde, on Thursday, inaugurated the Oyo State Independent Electoral Commission (OYSIEC), charging its members to deliver credible, free and fair local government election in the state. The governor stated that the commission, headed by Mr. Isiaka Olagunju, has been saddled with the responsibility of overseeing an election, which outcome will reflect the will of the people. He charged the commission to, within the shortest possible time, make the will of the people prevail by conducting a local government election that is unbiased. A statement by the Chief Press Secretary to Governor Makinde, Mr. Taiwo Adisa, indicated that the governor, while speaking at the Government House, Agodi, Ibadan, venue of the swearing-in, said his administration is ready to conduct the local government election, as it has allocated money for OYSIEC in the 2020 Budget. He promised that his administration would not interfere with the activities of the commission. He said: "I want to thank the House of Assembly for confirming you in a timely manner. I hope that you will also imbibe the sense of urgency and conduct credible local government election in Oyo State within the shortest possible time. “We knew this would come and we already allocated money in the Oyo State Budget for this year to conduct the election. Within the shortest possible time, please give us elected officials at the local government level that are known to the constitution of the Federal Republic of Nigeria." Governor Makinde, who said he has not yet indicated whether he will be running for another term in 2023 or not, as it is too early to be thinking of that for now, appealed to the opposition in the state not to overheat the polity. He urged politicians not to see elections as war or a do-or-die affair, but allow the will of people to prevail. "Some parties said they want to unseat me in 2023. It is okay, but I have not indicated the interest to run in 2023, as it is still too early. I may or may not. I have a second address and that is what we want to encourage in our space. “This board will have free hand. If they want to unseat me, it's fine; but they should contest and win many councillorship seats as much as possible so that we can know they are really serious. I will encourage them and others to contest in 2023. "Who knows who is going to be alive in the next hour? We are only sure of this moment. So, they should calm down. Elections should never be war or a do-or-die affair. Election in a democracy should be about the will of the people.” He added that members of the board are men and women of integrity with track records, admonishing them to do the work that will make people of the state proud of them. "I believe that the mandate of this board is to conduct an inclusive election. So, gone are the days when the governor of the state will manipulate matter so that some political parties will not field candidates. We are not here to play games. "So, I am saying to this board that the will of the people must remain sacrosanct. We have sent your names to the House of Assembly. We believe you are men and women of integrity. I have met one or two of you personally. It is not about the political party but the interest of the state and I believe the state will be proud of you,” he said. Speaking on behalf of the board members shortly after the swearing-in, the chairman, Oyo State Independent Electoral Commission, Mr. Olagunju, assured the people of the state that the board will conduct a credible and transparent local government election. He called on the people to have confidence and trust in the commission, adding that they will not be biased towards any political party and that the will of the people will prevail. Olagunju said: "The essence of inaugurating the board is to organise and manage local government election; that is our mandate and we have to follow it. "We were just inaugurated today. We need to go back to the office, see what is happening before we can talk about when to hold the election. It is possible this year but everything depends on the circumstances that we find ourselves when we get to the office. "When His Excellency was inaugurating the commission, he gave us the mandate that we must ensure that the will of the people prevail and that it is sacrosanct. So, we want to assure the people of Oyo State that we will conduct a transparent, credible and acceptable election. "I can also assure that people will have confidence and trust in the commission. It will be our joy that all political parties will participate in the election process. The governor has also said that we should not favour any party, because he is not in support of impartiality." The Board members include: Comrade Adeniji Babatunde, Alhaja Ganiyat Saka, Mr. Emmanuel Olanrewaju, Chief Kunmi Agboola, Mr. Aderemi Ayoade, Mr. Sunday Falana and Mr. Adeojo Elias. The swearing-in was attended by the Deputy Governor, Engr. Rauf Olaniyan; Secretary to the State Government, Mrs. Olubamiwo Adeosun; Chief of Staff, Chief Bisi Ilaka; Head of Service, Mrs. Ololade Agboola and other cabinet members, as well as chieftains of the PDP in the state, led by the chairman, Alhaji Kunmi Mustapha. Signed: Taiwo Adisa Chief Press Secretary to Governor Makinde September 3, 2020.

Meanwhile, no date has been fixed for hearing of the matter.

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NASS Leadership : APC dragged to court over exclusion of South-East

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