Respite For Political Appointees As Court Shuts Down Electoral Act’s Section 84(12)

• Orders AGF to immediately delete contentious provision
• AGF assures of prompt action on ruling
• Senate silent over court judgment

BY EDMOND ODOK – Respite has come the way of political appointees following the judgment of a Federal High Court sitting in Umuahia, Abia State voiding the controversial Section 84 (12) of the Electoral Act.

With the ruling delivered yesterday by Justice Evelyn Anyadike, it is now all-clear for the appointees having retained the nod to vote as delegates or be voted for at their party’s conventions or congresses.

Consequently, the Court has ordered the Attorney General of the Federation and Minister of Justice, Abubakar Malami (SAN) to immediately take action in deleting the section from the Electoral Act.

The ruling is coming 10 days after the Nigerian Senate rejected a bill by President Muhammadu Buhari to amend the contentious section.

In ruling on the suit filed by a lawyer in Abia State, Nduka Edede, the Court said the section ought to be struck down as it cannot stand when it is in violation of the clear provisions of the Constitution.

According to Justice Anyadike, Sections 66(1)(f), 107(1)(f), 137(1)(f) and 182(1)(f) of the 1999 Constitution as amended already stipulate that people employed in the public service of the federal or state government seeking to contest elections should resign at least 30 days to the date of the election.

The court said any other law requiring such appointees to resign or leave the office at any time other than what the constitution stipulates is unconstitutional and invalid.

Reacting to the judgment, counsel to the plaintiff, Emeka Ozoani (SAN) told reporters that the National Assembly is no longer required to amend the law because going by the judgment, Section 84(12) of the Electoral Act does not exist ab initio.

Ozoani said; “The court has just agreed with our submission that Section 84 (12) of the Electoral Act is inconsistent with the rights of Nigerian citizens when read with sections 66, 107, 137, and 182 of the Constitution and now nullified section 84(12) of the Electoral Act.

“The court has equally ordered the Attorney General of the Federation, Abubakar Malami, to delete section 84(12) of the Electoral Act forthwith. The implication of this is that it has provided a congenial atmosphere for politicking and political space for 2023 and it is a welcome development.”

The Senior lawyer further stated thus; “Those who said that the National Assembly should go and amend Section 84(12) of the Electoral Act should know that you can’t amend illegality.

“An unconstitutional statute cannot be amended by the same body. So, the proper order that the court has made represents the law and we commend the court as well.”

In his reaction, the AGF’s representative, Chris Nevo, expressed the hope that the National Assembly “will now go back and do the right thing since the court has made a pronouncement on it and put to rest every other issue with regards to Section 84(12) of the Electoral Act.”

“We can now move on with other national issues that are besieging us as a country and nation. Now that the court has ruled on the matter, it is for the National Assembly to delete and we move on”, he said.

The plaintiff, Nduka Edede of Action Alliance, had last week approached the court, praying it to strike out the section as it was inconsistent with the provisions of the 1999 Constitution.

Senate Keeps Mum

For now, it is all quiet at the Nigerian Senate as competent sources hinted that the Red Chamber has not been served with details of the court ruling even as the House of Representatives said it had the best interest of the country and Nigerians okaying the provision as to provide a level playing field for all those participating in the electoral process.

Chairman of the Senate Committee on Media and Public Affairs, Senator Ajibola Basiru, declined comments on the court ruling when contacted, saying it would be absurd to offer an opinion based on media reports.

“I’m not aware of the suit and whether the National Assembly was a party or was served and/or represented. I have also not seen or read the judgment or whether the National Assembly has been served with the judgment or any order of the court”, he said.

The contentious section voided by the Court had stipulated 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.”

AGF Malami Pledges Prompt Action Judgment

Already, the AGF and Justice Minister Abubakar Malami (SAN), touted among those to benefit from the judgment, has assured prompt and expedited execution of the court ruling.

Malami, who spoke through his media aide, Dr. Umar Gwandu, last night, said the judgment would be expeditiously executed.

A statement by Gwandu said; “The office of the Attorney General of the Federation and Minister of Justice will accordingly give effect to the court judgment in line with the dictates of the law and the spirit of the judgment.

“The judgment of the court will be recognized by the Government printers in printing the Electoral Act. The Act will be gazetted factoring the effect of the judgment into consideration and deleting the constitutionally offensive provision accordingly.

“The provision of Section 84(12) of the Electoral Act 2022 is not part of our law and will be so treated accordingly. This is in line with the dictates of chapter 7, Part 4, Section 287 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) on enforcement of decisions that make it a point of duty and obligation on all authorities and persons to have the judgment of the Federal High Court, among others, to be enforced.”