Electoral Act 2022: FG considering removal of controversial section 84(12)
…As Senate, Reps head for appeal to repeal court order
By Abimbola Abatta
Indications have emerged that the Federal Government, following a court order, is considering the removal of the controversial Section 84 (12) of the Electoral Act.
Nigerian NewsDirect reports that the Section 84 (12) of the Electoral Act required political appointees to resign from their positions at least three months before their parties’ primaries and conventions.
The Attorney-General and Minister of Justice, Abubakar Malami, disclosed on Wednesday that his office has initiated the process for deleting the contentious section.
This came after Justice Evelyn Anyadike of the Federal High Court, Umuahia, on March 18 ordered the AGF to delete the section saying, “Any other law that mandates such appointees to resign or leave office at any time before that is ‘unconstitutional, invalid, illegal, null and void’.”
However, Malami, who addressed journalists in Abuja, said the process for implementing the court’s ruling was still ongoing.
He said, “By the judgment, the court directed the office of the Attorney-General to take the necessary steps to delete the provision, which in essence implies that the provision should not form part of our laws.
“Whether it has been deleted or has not been deleted, is indeed a function of agencies of government and associated, relevant parastatals.
“But the true position of it in that respect is the fact that government printers, and indeed Law Reform Commission, among others, that are responsible for the codification and gazetting of our laws, are working naturally, hand in hand with the office of the attorney general for the purpose of ensuring that what goes into our laws are indeed in line with the provision of the law.
“So what I am saying in essence, it is indeed a work in progress against the background of the fact that the Law Reform Commission is involved statutorily, which is a parastatal under the office of the attorney general, is a party to the process of codification.”
Meanwhile, the National Assembly and House of Representatives have decided to head for appeal in order to repeal the court order.
The lawmakers made the resolution following a deliberation on the court order during Wednesday’s plenary in both chambers of the National Assembly in Abuja.
At the Senate, Senator George Sekibo and scores of other senators sponsored a motion on the urgent need to appeal the judgement of the Federal High Court in Umuahia on the suit on the controversial section of the Act.
In seconding the motion, Senator Sabi Abdullahi described the move as a timely intervention, saying its content was straightforward.
Senator Gabriel Suswam, who also supported the motion, said, “In making an appeal, we do not necessarily need the guidance of the Committee on Judiciary, Human Rights and Legal Matters.
“I think we should just go ahead and pass this motion as presented.”
The lawmakers, in their resolution, agreed to appeal the judgement in suit marked FHC/MU/SC/26/2022 to set aside the decision of the court.
Members in the lower chamber said the clause in question is directed at political appointees and not civil servants while insisting that the court passed a judgment on a matter which was not included in the Electoral Act passed by the National Assembly.
They also questioned why the National Assembly was not joined as a respondent to the suit, stressing that the action of the judge was an ‘aberration.’
While the lawmakers hinted at writing a petition to the National Judicial Council (NJC), the Speaker of the House, Femi Gbajabiamila, questioned why the judgement was obtained in faraway Abia State.
According to Gbajabiamila, only the National Assembly has the constitutional authority to alter any part of the legislation which it passed.
He, therefore, appealed to the AGF not to hastily implement the court judgement, while cautioning against getting into the legitimate functions of the National Assembly.
