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Court dismisses NDC suit against Electoral Act

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Anthony Kadiri

The Federal High Court in Abuja on Tuesday, dismissed a suit filed by the National Democratic Congress challenging provisions of the Electoral Act 2026 on the qualification and disqualification of candidates for elective offices.

Justice Muhammed Umar held that the action, marked FHC/ABJ/CS/635/2025, lacked merit, ruling that the disputed provisions of the Electoral Act complement, rather than conflict with, the 1999 Constitution.

The NDC had sued the Attorney General of the Federation, the Clerk of the National Assembly, Senate President Godswill Akpabio and the Independent National Electoral Commission, seeking, among other reliefs, declarations that Sections 138 and 77(5) of the Electoral Act 2026 were unconstitutional.

The plaintiff also urged the court to hold that questions bordering on the qualification of candidates could still be raised after elections.

However, Justice Umar upheld preliminary objections challenging the competence of the suit, and held that the plaintiff was merely inviting the court to interpret constitutional and statutory provisions.

According to the judge, “the plaintiff is invoking the interpretative jurisdiction of this honourable court in respect of the provisions of the Electoral Act 2026 on the one hand and the 1999 Constitution on the other hand.”

He added that the mere attachment of INEC’s election timetable to the originating summons did not transform the case into a pre-election matter.

“The fact that the defendant’s timetable is attached cannot make the case within the contemplation of Section 285… there is no deposition… that raises questions as to the timetable,” the court held.  

On the objection raised by the Clerk of the National Assembly, Justice Umar held that the plaintiff failed to comply with the statutory requirement of serving a pre-action notice before commencing proceedings.

He ruled that the implication of non-service of a pre-action notice on the 2nd defendant “makes this suit incompetent against the second defendant,” before striking out the action against the Clerk.

On the substantive issue, the judge rejected the NDC’s argument that Section 138 of the Electoral Act was inconsistent with constitutional provisions governing qualification and disqualification for elective offices.

Justice Umar held that the Constitution prescribes the qualifications and disqualifications for elective offices, while the Electoral Act merely provides the procedure and timeline for ventilating disputes arising from party primaries.

“Any aggrieved party who intends to challenge any candidate that emerged at the primary election of a political party on grounds of disqualification… must do so at the pre-election level,” the Judge said. 

He further held that, when read together with other provisions of the Electoral Act, Section 138 was not inconsistent with the Constitution.

“The provision of Section 138 of the Electoral Act 2026 complements the provision of the Constitution, but is not in conflict with it. The contention of the plaintiff that Section 138 is inconsistent with the Constitution is of no merit,” he ruled.  

Justice Umar also declined to invalidate Section 77(5) of the Electoral Act, holding that the issue had already been determined by the Court of Appeal.

According to him, the appellate court had pronounced on the provision in an earlier decision, stressing that the implication was that “courts, generally, are binded by precedent.”

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General News

Retired ACP Frederick Ichako Omunu, 83, to be buried December 17 in Delta State

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The family of retired Assistant Commissioner of Police (ACP) Frederick Ichako Omunu has announced that he will be laid to rest on Thursday, December 17, 2026, in Ozoro, Isoko North Local Government Area of Delta State, following his death at the age of 83.

The burial programme, jointly announced by the Omunu family of Uruto Quarters and the Omoba family of Urude Quarters, will feature a vigil Mass on December 16 and a funeral Mass on December 17 at Holy Trinity Catholic Church, Ozoro.

Retired ACP Frederick Ichako Omunu died in 2026 at the age of 83.

His burial is scheduled for December 17 in Ozoro, Delta State.
A vigil Mass will hold on December 16 at 4:00 p.m.

The funeral Mass is scheduled for December 17 at 10:00 a.m.
The deceased will be buried at his residence on Uruto Road, Ozoro.
The family has invited relatives, friends and well-wishers to the funeral ceremonies.

According to the funeral announcement, the vigil Mass will take place at 4:00 p.m. on Wednesday, December 16, at Holy Trinity Catholic Church, NDC Road, Ozoro.

On Thursday, December 17, the deceased’s body will leave General Hospital, Ozoro, at 7:30 a.m., with a brief stopover at his family compound.

The funeral Mass will follow at 10:00 a.m. at Holy Trinity Catholic Church, along NDC Road, Ozoro.

Omunu to Be Buried at His Ozoro Residence

Following the funeral Mass, Omunu will be laid to rest at his residence at No. 80 Uruto Road, Uruto Quarters, Ozoro. The family stated that the interment ceremony would be restricted to family members.

A reception for guests will subsequently hold at the field of Holy Trinity Catholic Church, along NDC Road, Ozoro.

The family described the deceased as a father, grandfather, brother and uncle, inviting relatives, friends and well-wishers to join them in honouring his memory.

The burial announcement was signed by family representatives Henry Omunu, Editor, Trumpet Newspaper and Benedict Omunu.

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Entertainments

Famous Nollywood actor, Francis Duru, is dead

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By Our Reporter

Veteran Nollywood actor Francis Duru has died at the age of 57 following a brief illness, his family has announced.

The family disclosed his death in a statement published on the actor’s official Instagram page in the early hours of Friday.

“We, the family of Francis Duru, regret to announce his passing following a brief illness,” the post reads.

“We appreciate your prayers, love, and understanding. May his soul rest in perfect peace. Amen.”

Duru’s death comes months after he dismissed reports circulating on social media that he was battling a life-threatening illness.

The rumours intensified in June after a video showing the actor looking frail went viral, prompting concerns among fans and colleagues in the entertainment industry.

Responding to the speculation at the time, Duru released a video on Instagram in which he described the footage as “fabricated and malicious”.

Born on July 27, 1969, in Cameroon to Nigerian parents from Imo State, Duru completed his primary and secondary education in the Central African country before moving to Nigeria for university education.

He gained admission to the University of Port Harcourt, Rivers State, where he studied Theatre Arts and graduated with a Bachelor of Arts degree in 1996.

Duru began his acting career in 1989 when he featured in Missing Mark, a film directed by the late Ndubuisi Oko. However, the role did not immediately establish him as a prominent figure in the Nigerian movie industry.

His breakthrough came in 1995 following his appearance in Rattlesnake, an action-comedy produced by the late filmmaker Amaka Igwe. In the film, he played the character Ahanna, a role that helped raise his profile in Nollywood.

Throughout his career, Duru earned several awards and honours in recognition of his contributions to the entertainment industry.

He was named a United Nations ambassador of peace for his positive influence on young people.

In 2020, he won the Best Actor in a Leading Role (Igbo) award at the Best of Nollywood Awards for his performance in Mboputa.

Beyond his acting career, Duru was married to Adokiye, whom he wed in 2003. Their union produced four children.

The family suffered a major loss in August 2024 when one of their children, Ifeanyi, died.

Duru’s death marks the loss of an actor whose career spanned several decades in Nigeria’s film industry.

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General News

Ebola: FG reassures Nigerians on measures to contain disease

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By Our Reporter

Ali Pate, coordinating minister of health and social welfare, says Nigerians should remain vigilant, shun panic, and stop spreading misinformation about Ebola virus disease.

Speaking on Wednesday after meeting with Femi Gbajabiamila, chief of staff to the president in Abuja, Pate said citizens should rely on verified public health information from trusted sources rather than circulating false rumours.

The minister said the federal government is collaborating with Uganda to manage the situation.

“All I can tell you is that we are collaborating with our sister African nation of Uganda,” Pate said.

“What is important is that we have found this one case. We are doing contact tracing, and we are putting containment measures to ensure that it doesn’t go into our population.”

He urged Nigerians to remain calm and communicate responsibly, adding that the situation should be taken seriously without causing fear.

“Nigerians should be reassured. We must be vigilant, but not panic, and people should respect public health information from trusted sources, and not spread misinformation and false rumours,” Pate said.

The minister said Nigeria has the public health institutions and expertise needed to respond to the situation.

Pate added that the Nigeria Centre for Disease Control and Prevention (NCDC) had activated its incident management system (IMS), with response teams working round the clock and the relevant task force coordinating containment efforts.

“They are working 24/7, and the task force is also active. So, we have things in place that give us confidence that Nigeria can weather this public health crisis,” he said.

He said the government would continue to monitor developments and provide updates as verified information became available.

“If the situation changes, we’ll come out and inform Nigerians,” he said.

Pate reiterated that the immediate priority was to contain the imported case and prevent its spread within the population.

The meeting between Pate and Gbajabiamila came nearly 24 hours after the federal government announced a confirmed case of Ebola disease in the Federal Capital Territory (FCT).

On Tuesday, Pate said 44 close contacts had been identified for tracing to prevent further transmission.

He added that the patient, a woman who recently arrived in Nigeria on an international flight from Uganda, had been admitted to a private hospital in the FCT, where she received care for several days before the diagnosis was confirmed.

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