Electoral Act: N/Assembly to appeal judgement on contentious section

Asks AGF to stay action on judgment It’s work in progress – Malami The National Assembly, on Wednesday, resolved to appeal the judgement of a Federal High Court in Abia State nullifying the controversial Section 84 (12) of the amended Electoral Act. The two chambers reached the decision after considering separate motions on last Friday’s […]

• Asks AGF to stay action on judgment
• It’s work in progress – Malami

The National Assembly, on Wednesday, resolved to appeal the judgement of a Federal High Court in Abia State nullifying the controversial Section 84 (12) of the amended Electoral Act.

The two chambers reached the decision after considering separate motions on last Friday’s judgment of the court on Suit No.: FHC/UM/CS/26/2022 on Section 84(12) of the Electoral Act 2022.

The section requires ministers, heads of agencies and other political appointees to resign before participating in primaries, convention and other electoral activities.

The court, sitting in Umuahia, had said the section was a violation of the provisions of the constitution and therefore ordered the Attorney General of the Federation to forthwith delete the said subsection 12 of Section 84 from the body of the Electoral Act, 2022.

But the Senate and House of Representatives, in a unanimous decision, resolved to appeal the judgement for the court to set it aside.

Also, the House of Representatives asked the Attorney General of the Federation, Abubakar Malami, not give effect to the judgement while it perfects processes to appeal the judgement with a view to setting it aside.

It also resolved to write a formal petition to the National Judicial Council (NJC) to report the judge who handled the matter for acting “ultra vires” and usurping the powers of the parliament.

Lawmakers condemn judgement

Senator George Thompson Sekibo (PDP, Rivers), who is the lead sponsor of the Senate motion, 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.

He said, “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.”

Rep. Sada Soli, who sponsored the House motion, said the judgement was not only an insult on the National Assembly but also an attempt to oust the jurisdiction of the parliament in making laws.

The House Minority Leader, Ndudi Elumelu, said the decision was a breach of the principle of separation of powers.

House Speaker Femi Gbajabiamila said the judgement must be appealed and set aside for the sake of posterity and the records, adding that he would not allow the House under his leadership to be ridiculed under any guise.

It’s work in progress – Malami

The Attorney General of the Federation and Minister of Justice, Abubakar Malami, has said the plan to obey court’s instruction that his office should delete Section 84 (12) of the Electoral Act “is a work in progress” in view of the move for an appeal of the ruling.

The minister said this Wednesday while reacting to a question on the matter after addressing State House reporters on the outcome of the Federal Executive Council (FEC) meeting presided over by President Muhammadu Buhari at the Presidential Villa, Abuja.

“My clear response arising therefrom is the fact that truly there exists a court judgment. 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,” he said.

How NASS can stop court verdict – Sagay

Constitutional lawyer, Prof. Itse Sagay yesterday advised the National Assembly to file for a stay of execution on the judgement while appealing the judgment.

In a chat, Sagay said the AGF should not have rushed to delete the section as the court judgement has automatically nullified it.

“What the lawmakers should do is to appeal and apply for a stay of execution. Those are the two things they should do.

“The issue of gazetting does not even arise, I don’t know why the AGF is over proactive on that matter. When the court makes a pronouncement like that, saying that provision is illegal and unconstitutional, that is the end of the matter. For the time it means, it cannot be applied,” he said.

By Abdullateef Salau, Itodo Daniel Sule, Muideen Olaniyi (Abuja) & Abdullateef Aliyu, (Lagos)