The Senate has resolved to appeal the judgement of Federal
High Court, Umuahia, nullifying section 84(12) of the Electoral Act.
The resolution was reached after a debate at today’s
plenary.
The resolution followed a motion titled: “Urgent need to
appeal judgement of the Federal High Court Umuahia on suit no FHC/UM/CS/26/2022
on Section 84(12) of the Electoral Act, 2022.”
The motion was sponsored by Senator George Thompson Sekibo
(Rivers East) and co-sponsored by 79 other Senators.
Sekibo, in his presentation, drew the attention of his
colleagues to the judgement of the Federal High Court in Umuahia, Abia State,
in a suit marked FHC/MU/SC/26/2022.
The judgement faulted the provision of Section 84 (12) of
the Electoral Act 2022 and declared it unconstitutional, invalid, illegal, null
void and of no effect.
Section 84(12) of the Electoral Act 2022 states as follows:
“No political appointed 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 lawmaker observed that the Judge in his ruling said that
Section 81(12) of the Electoral Act 2022 was inconsistent with Sections
66(1)(f), 107(1) (), 137(1)(g) and 182(1)(c) of the 1999 Constitution of the
Federal Republic of Nigeria as amended.
He noted further that Section 4(1)(2) and (3) of the 1999
Constitution as amended vested the power of lawmaking for the Federal Republic
of Nigeria on the National Assembly.
He argued that in furtherance to the powers vested in the
National Assembly, the 1999 Constitution under the roles of the Executive in
Item D that deals with political parties in Section 228(a)(b) and (c) confers
more powers on the National Assembly, more particularly on political parties
and effective management of the electoral process by the Independent National
Electoral Commission (INEC).
He noted that the Electoral Act 2022 enacted by the National
Assembly followed due process, adding that Section 84(12) of the Act
exclusively refers to nomination conventions and congresses called for
candidate selection and not participation in the general election which
Sections 66(1)(f),137(1)(g) and 182(1)(g) referred to.
According to him, the interpretation of the meaning of the
words ‘civil service’ and ‘public service’ in Section 318 was unambiguous,
saying, “there’s a difference between the civil service or public service and
political appointment.”
He added that “the Senate of the Federal Republic of Nigeria
should show concern on the judgment especially when she was not given
opportunity to represent herself in a matter such as this that emanates from
her legitimate functions.”
Sekibo warned further that, “letting the judgment go without
concern will become a precedence on which any person could go to court and
obtain judgment to ridicule the good intentions of the National Assembly as an
institution.”
The Senate, accordingly, resolved to appeal the judgment in
suit FHC/MU/SC/26/2022 for the court to set aside the judgment, noting that
same was reached without due consideration of the Constitutional interpretation
in Section 318 of the 1999 Constitution as amended.
Recall that Justice Evelyn Anyadike, in a
judgment, held that the Section of the Act was “unconstitutional, invalid,
illegal, null, void and of no effect whatsoever”, adding that it cannot stand
when it is in violation of the clear provisions of the Constitution.
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.”
Justice Anyadike in the Suit FHC/UM/CS/26/2022 held that
Sections 66(1), 107(1)(f) of the 1999 Constitution already stipulated that
appointees of government seeking to contest elections were only to resign at
least 30 days to the date of the election.
According to her, any other law that mandates such appointees
to resign or leave the office at any time before that was unconstitutional,
invalid, illegal, null and void to the extent of its inconsistency with the
clear provisions of the Constitution.
Some of the President’s ministers who are said to be planning
to run for different offices include the Attorney-General of the Federation,
Abubakar Malami, who is said to be eyeing the Kebbi State governorship seat;
the Minister of Aviation, Hadi Sirika, who is believed to be planning to
contest the governorship of Katsina State; the Minister of Transportation,
Rotimi Amaechi, who is rumoured to be eyeing the Presidency.
Others who are said to have political ambitions include the
Minister of Labour and Employment, Senator Chris Ngige; the Minister of State
for Education, Chukwuemeka Nwajiuba; and a few others.
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