May order on Section 84(12) not bring political uncertainty

Section 84(10) of the Electoral Act states that “No political appointee at any level shall be a 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.”  Already, some governors had issued circulars calling on their appointees who had […]

Section 84(10) of the Electoral Act states that “No political appointee at any level shall be a 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.”  Already, some governors had issued circulars calling on their appointees who had political ambitions to resign before March 30 in accordance with Section 84(10) of the Act.

The court had ordered the office of the Attorney General of the Federation and Minister of Justice to delete Section 84(12) of the Electoral Act 2022 which bars political appointees from voting or being voted for, saying it runs contrary to the 1999 constitution.

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One may recall that the president had earlier suggested need for the amendment of   Section 84(12 by the National Assembly saying it contravenes the rights of political office holders to vote and be voted for in political party conventions and congresses. 

The country’s major opposition party, the Peoples Democratic Party (PDP) had also obtained an order from a Federal High Court, restraining the National Assembly from amending the Electoral Act.

There is nothing wrong for government appointees who want to run for election to resign before doing so. This will strengthen the country’s electoral process and at the same time bar an appointee from utilising his or her office to gain political advantage.

 Why do they want to hold on to their offices as political appointees and at the same time be candidates in an election? Why are they afraid of resigning from the appointment? 

Still, there are lingering questions on the lips of Nigerians as to who is the plaintiff in this matter? What is his personal interest? Why were the necessary parties like the National Assembly, which made the law, and INEC, which ought to implement this provision, not joined in this suit?   

How can one “nullify” an Act without joining the institution that made the Act? The Electoral Act is an act of the National Assembly and as such, the National Assembly ought to have been joined so that they can be heard concerning what they did?  If the FG is going ahead to implement such orders, it’s clearly proof that both the executive and Justice Evelyn’s order will bring problems on the country. 

Nigerians and legal practitioners across the country have faulted the judgment and wondered why the AGF’s office is keen on implementing this particular order immediately.  

Nigerians are beginning to be more curious about judgment. The immediate response of the office of the Attorney General of the Federation to the judgment sounds like it was an arranged case and that some people have a vested interest in having that section removed at all cost.  

The most important thing for any political appointee willing to contest for an election is to step down on his own regardless of the decision of the court to avoid being caught by the amendment.  A word is enough for the wise. May Evelyn’s order on Section 84(12) not turn a political catastrophe for our country. 

Abba Dukawa writes via: [email protected]