The Senate has decided to challenge the Federal High Court of Umuahia’s decision to strike down section 84(12) of the Electoral Act.
Following today’s plenary debate, the resolution was reached.
“Urgent necessity to appeal judgment of the Federal High Court Umuahia on suit no FHC/UM/CS/26/2022 on Section 84(12) of the Electoral Act, 2022,” said the motion.
Electoral Act: See What Malami Said About Judgement Ordering Removal Of Section 84(12)
Senator George Sekibo (Rivers East) proposed the motion, which was co-sponsored by 80 other politicians.
According to Anaedoonline.ng, Justice Evelyn Anyadike ruled that the Section of the Act was “unconstitutional, unlawful, illegal, null, void, and of no effect whatsoever,” and that it could not exist since it contradicted the Constitution’s unambiguous requirements.
As a result, the court ordered the Attorney General of the Federation to “remove the said Subsection 12 of Section 84 from the body of the Electoral Act as soon as possible.”
In the FHC/UM/CS/26/2022 case, Justice Anyadike ruled that Sections 66(1) and 107(1)(f) of the 1999 Constitution already required government appointees seeking to contest elections to resign at least 30 days before the election date.
Electoral Act: We’re Not Aware Of Any Court Case – House Of Reps
Any other statute, she claims, that requires such appointees to retire or leave office before that date is unconstitutional, invalid, illegal, null, and void to the extent that it contradicts the Constitution’s unambiguous requirements.
The Attorney-General of the Federation, Abubakar Malami, is rumoured to be eyeing the governorship of Kebbi State; the Minister of Aviation, Hadi Sirika, is rumoured to be eyeing the governorship of Katsina State; and the Minister of Transportation, Rotimi Amaechi, 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.
However, coming under order 42 of the Senate Standing Orders on Personal Explanation, Senator George Thompson Sekibo (PDP, Rivers East) during Tuesday’s plenary, challenged the judgment of the court on Section 84(12).
Malami Ordered To Delete Section 84(12) In Electoral Act By Court
Citing Section 4 of the 1999 Constitution (as amended, Sekibo stated that the National Assembly is empowered by virtue of Its provisions to make laws for the peace, order and good governance of Nigeria.
He added that Section 228 lists such functions to include making laws to ensure internal democracy within political parties.
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