The Senate and the House of Representatives, on Wednesday, ripped into the judgement of a federal high court in Umuahia, Abia State, that nullified Section 84 (12) of the Electoral Act, 2022.
While the Senators vowed to appeal the judgement, the Reps cautioned the Attorney-General of the Federation and Minister of Justice, Abubarkar Malami(SAN), against implementation that would deny the national right of appeal.
The judgement
The Federal High Court sitting in Umuahia, last Friday, nullified Section 84(12) of the newly amended Electoral Act, saying it was a violation of the provisions of the Constitution.
The court, in a judgment delivered by Justice Evelyn Anyadike, held that the section was unconstitutional, invalid, illegal, null, void and of no effect whatsoever, saying it ought to have been struck out.
Consequently, the court ordered the Attorney General of the Federation to “forthwith delete the said Subsection 12 of Section 84 from the body of the Electoral Act.”
Reacting, today (Wednesday), the House of Representatives, condemned the judgement.
The House also took a resolution to formally write a letter of complaints to the National Judicial Council, NJC.
The House also urged Malami(SAN) to tarry a while and not to frustrate or deny the national right of appeal until the last day of appeal as given by the law.
On its part, the Senate in a unanimous decision at plenary on same day, vowed to “appeal the judgment for the Court to set the judgment aside”.
Coming under Order 42 of the Senate Standing Orders on Personal Explanation, Senator George Thompson Sekibo(PDP, Rivers East), challenged the judgement of the court on Section 84(12).
Citing Section 4 of the 1999 Constitution (as amended), Sekibo noted that the National Assembly is empowered by virtue of its provisions to make laws for the peace, order and good governance of Nigeria.
The motion had 84 cosponsors.
The ‘offending’ section
According to Section 84 (12): “No political appointee at any level shall be 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 consequences of an infraction of the section is set out in the following sub-section 84 (13) thus:
“Where a political party fails to comply with the provision of this Act in the conduct of its primaries, its candidate for election shall not be included in the election for the particular position in issue.”
Vanguard News Nigeria