The house of representatives says it was not served a notice
as being a party to a court case on the Electoral Act 2022.
Benjamin Kalu, spokesperson of the house, said this on
Friday while addressing journalists.
On Friday, a federal high court in Umuahia, Abia state,
ordered the attorney-general of the federation to delete section 84(12) of the
amended electoral act.
Evelyn Anyadike, the presiding judge, held that the section
was unconstitutional, invalid, illegal, null, void and cannot stand.
Anyadike ruled that sections 66(1)(f), 107(1)(f), 137(1)(f)
and 182(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.
President Muhammadu Buhari had signed the electoral act
amendment bill on February 25, and asked the national assembly to expunge
section 84(12) of the act, on the grounds that the provision disenfranchises
serving political officers.
However, the senate rejected the president’s request, while
the house of representatives had yet to take a decision on it.
Following the senate’s rejection, the AGF had said the
federal government will consider all other options available on the matter.
Speaking on the decision of the court, Kalu said the lower
legislative chamber is also yet to receive the certified true copy of the
judgment.
“The house of representatives was not aware of this legal
matter, was not served and is still unaware whether we were a necessary party
to this matter or not,” he said.
“It is important also to note that it is out of place to
comment on a judgment we are yet to see the certified true copy. We will make
comment on this judgment once we receive the certified true copy to know the
length and breadth of the judgment.
“But we have read from the social media and traditional
media platforms that the judgment borders on section 84(12) of the electoral
act.
“We will like to know — when we get the CTC — who
represented us (house of representatives), who served us, when, and all those
technicalities.
“It is important also to let Nigerians know the mindset of
the legislature while drafting section 84(12). The section bothers on issues
affecting our intention to carry out excellent electoral reforms.
“As you know, for electoral reforms to be efficient,
effective, transparent, accountable, inclusive, competitive, and fair, it has
to be credible. And if any element of this is missing at any point —
pre-election processes, election processes, post-election processes — towards
achieving credible election, it affects the whole picture.
“That was why we wanted to address the conduct of appointees
of political office holders who are used as tools during conventions and
congresses that gives birth to who becomes a candidate in the general election
or who not to be a candidate.
“We wanted to give a level playing ground for those who have
been in government not to use the undue advantage of being in government while
running for an office, so that they will be at par with those who are not
occupying office and going for the same position.
“It has nothing to do with a public servant. I said it
because I hear that many have argued that it offends the provision of the
constitution on how to be qualified or disqualified for an election. That is
for public servants.
“We are talking about political appointees and section 318
defines what a public servant is. It does not include political appointees. So,
the ability to differentiate between these two will help us understand what the
electoral act is trying to do as against what is being roped in as what it is
trying to do.
“When we get the
judgment, we will know whether that differentiation was clear or if it was not
clear.”
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