Headlines
Police Act 2020, Constable Recruitment Illegal, Appeal Court Declares
The Court of Appeal has declared the Police Act 2020 unconstitutional and void.
The Police Act 2020, which was enacted in September this year, affects the constitutional mandate of the Police Service Commission
The Appeal Court ruled that the provisions of the Act was in conflict with Paragraph 30 Part 1 of the Third Schedule of the 1999 Constitution “which empowers the commission to appoint persons into offices in the Nigeria Police Force except the Office of the Inspector-General of Police.”
The judgment also nullified the recruitment of 10,000 constables carried out by the police authorities last year.
However, the IG, Mohammed Adamu, has appealed the ruling which nullified the earlier order of the Federal High Court, Abuja.
The PSC spokesman, Ikechukwu Ani, in a statement on Wednesday, explained that the details of the Appeal Court judgment was contained in the Certified True Copy received on Tuesday.
The statement was titled, ‘Appeal Court declares Police Act 2020 as it affects PSC mandate null and void.’
The statement explained that the judge further declared that “no Act of the National Assembly or law can take away or curtail such power.”
He further noted that, even if the Nigeria Police carried out the disputed enlistment pursuant to a directive or approval of the President, Major General Muhammadu Buhari (retd.), “the enlistment would remain contrary to the constitution and therefore, unconstitutional and void. Such a directive cannot repair its unconstitutionality and illegality.”
Meanwhile, the Peoples Democratic Party Governors’ Forum has called for a repeal of sections of the Police Act recently given assent by the President, Major General Muhammadu Buhari (retd.), citing constitutional breaches.
This was contained in a communiqué issued after a virtual meeting held by the PDP governors.
The communiqué, which was made available to reporters in Abuja on Wednesday, was signed by the Chairman of the forum, Aminu Tambuwal, who is also the Governor of Sokoto State.
The governors, among other things, implored the President and the National Assembly to repeal Section 4(1) of the Nigeria Police Trust Fund (Establishment) Act, 2019 which “purportedly authorises the President to deduct 0.5% of the total revenue accruing to the Federation Account for the benefit of the Nigeria Police Trust Fund.”
According to the governors, the said deduction is patently unconstitutional.
The communiqué read in part, “The meeting noted the signing of the New Nigeria Police Act, 2020 by Mr President, Commander in Chief.
“While acknowledging the many important innovations in the new law, the forum emphasised the need to make the Nigeria Police Council, which has Mr. President as Chairman and 36 state governors as members, fully operational and the clearing house on all issues bordering on the organisation and administration of the Nigeria Police Force as enshrined in the 1999 Constitution.”
The Punch
The Senate, on Tuesday, passed the Electoral Act, 2022 (Repeal and Re-Enactment) Bill 2026.
Before the passage, there was a rowdy session as the upper chamber resumed proceedings with a demand for division over Clause 60 raised by Senator Enyinnaya Abaribe (ADC/Abia South).
The Senate President, Godswill Akpabio, stated that he believed the demand had previously been withdrawn, but several opposition senators immediately objected to that claim.
Citing Order 52(6), the Deputy Senate President, Barau Jibrin, argued that it would be out of order to revisit any provision on which the Senate President had already ruled.
This submission sparked another uproar in the chamber, during which Senator Sunday Karimi had a brief face-off with Abaribe.
The Senate Leader, Opeyemi Bamidele, then reminded lawmakers that he had sponsored the motion for rescission, underscoring that decisions previously taken by the Senate are no longer valid.
He maintained that, consistent with his motion, Senator Abaribe’s demand was in line.
Akpabio further suggested that the call for division was merely an attempt by Senator Abaribe to publicly demonstrate his stance to Nigerians.
The Senate President sustained the point of order, after which Abaribe rose in protest and was urged to formally move his motion.
Rising under Order 72(1), Abaribe called for a division on Clause 60(3), specifically concerning the provision that if electronic transmission of results fails, Form EC8A should not serve as the sole basis, calling for the removal of the proviso that allows for manual transmission of results in the event of network failure.
During the division, Akpabio directed senators who supported the caveat to stand.
He then asked those opposed to the caveat to rise.
Fifteen opposition senators stood in opposition.
However, when the votes were counted, the Senate President announced that 15 senators were not in support of the proviso, while 55 senators voted in support of it.
Earlier, proceedings in the Senate were momentarily stalled as lawmakers began clause-by-clause consideration of the Electoral Act, 2022 (Repeal and Re-Enactment) Bill 2026, following a motion to rescind the earlier amendment.
The motion to rescind the bill was formally seconded on Tuesday, paving the way for the upper chamber to dissolve into the committee of the whole for detailed reconsideration and reenactment of the proposed legislation.
During the session, the Senate President, Godswill Akpabio, reeled out the clauses one after another for deliberation.
However, the process stalled when at clause 60, Senator Enyinnaya Abaribe (ADC/Abia South), raised a point of order, drawing immediate attention on the floor.
Following the intervention, murmurs spread across the chamber as lawmakers began speaking in small groups and approaching the Senate President’s desk for consultations.
The chamber immediately moved into a closed door session.
Before rescinding the Electoral Act, the Red Chamber raised concerns over the timing of the 2027 general elections and technical inconsistencies in the legislation.
Rising under Order 52(6) of the Senate Standing Orders, the Senate leader, Opeyemi Bamidele, moved the motion to reverse the earlier passage of the bill and return it to the Committee of the Whole for fresh deliberations.
He explained that the development follows the announcement by the Independent National Electoral Commission (INEC) of a timetable fixing the 2027 general elections for February 2027, after consultations with the leadership of the National Assembly.
He stated that stakeholders had raised concerns that the proposed date conflicts with the provisions of the amended law, particularly the requirement that elections be scheduled not later than 360 days before the expiration of tenure.
He further noted that upon critical review of the passed bill, the 360-day notice requirement prescribed in Clause 28 could result in the scheduling of the 2027 Presidential and National Assembly elections during the Ramadan period.
According to him, holding elections during Ramadan could negatively affect voter turnout, logistical coordination, stakeholder participation, and the overall inclusiveness and credibility of the electoral process.
The motion also highlighted discrepancies discovered in the Long Title and several clauses of the bill, including Clauses 6, 9, 10, 22, 23, 28, 29, 32, 42, 47, 51, 60, 62, 64, 65, 73, 77, 86, 87, 89, 93, and 143. The identified issues reportedly affected cross-referencing, serial numbering, and internal consistency within the legislation.
Headlines
House of Reps Members Stage Walk-out As Brouhaha over Real-time Electronic Transmission of Results Continues
Members of the House of Representatives walked out of a plenary session on Tuesday amid ongoing public protests over the electronic transmission clause in the Electoral Act Amendment Bill, 2026.
The walk-out came as demonstrators continued to pressure lawmakers to make real-time electronic transmission of election results mandatory in the amended electoral law.
Protesters, drawn from civil society groups including the Nigeria Civil Society Situation Room and ActionAid Nigeria, have held demonstrations outside the National Assembly complex, calling on legislators to adopt the stronger House version of the clause.
House members reportedly left the session after intense disagreements on whether to retain or rescind the provision making real-time transmission compulsory.
Lawmakers opposed to scrapping the clause argued it is vital for election transparency, while others favoured aligning with the Senate’s version, which allows discretionary electronic transmission paired with manual collation.
The protests stem from nationwide concern that removing explicit language on real-time electronic transmission could open the door to manipulation or delayed uploads of polling unit results, undermining public trust in the electoral process ahead of the 2027 general elections.
Civil society representatives at the National Assembly gates said they would maintain their demonstrations until lawmakers commit to a version of the bill that guarantees real-time technology in the results system.
They argue that technological infrastructure exists in most parts of Nigeria, and that gaps should be resolved rather than used as a reason to revert to manual processes.
A former Governor of Anambra State, Peter Obi, has issued a stern warning to election officials and stakeholders, urging Nigerians to ensure that every vote counts in the 2027 general election.
Obi stressed that anyone who attempts to manipulate or obstruct the counting of votes will be held accountable for undermining the country’s democracy.
“Unlike in the past, in 2027 our votes MUST count, and all those who are there not to count the votes will be counted among those destroying Nigeria,” he wrote on X on Monday, February 16, 2026.
Obi, who has declared that he will contest the 2027 presidential election, advised voters to stay at polling units after casting their ballots to observe the counting and transmission of results, emphasising that preventing the proper tallying of votes would attract legal consequences.
The former Labour Party presidential candidate said: “I encourage everyone to remain at the polling units after voting to count and witness the counting and transmission of results. Those who refuse to allow the votes count will be made to count the full weight of the law against rigging.
“Let me reiterate: if you do not count our votes, we will count you among those who destroy our democracy, thereby destroying our future, and you must answer to the law.”
