March 23, (THEWILL) – The National Assembly has resolved to appeal the judgement of Federal High Court, Umuahia, nullifying section 84(12) of the new Electoral Act 2022.
THEWILL reports that Justice Evelyn Anyadike of a Federal High Court, sitting in Umuahia, Abia State, had declared Section 84(12) as “unconstitutional, invalid, illegal, null, void and of no effect whatsoever and cannot stand as it is in violation of the clear provisions of the Constitution.”
Justice Anyadike’s nullification also empowered the Minister of Justice and Attorney-General of the Federation (AGF), Abubakar Malami (SAN), to delete the section from the Act.
In the suit marked FHC/UM/CS/26/2022, Justice Anyadike held that Section 66(1)(f), 107(1)(f), 137(1)(f) and 182(1)(f) of the 1999 Constitution already stipulated that appointees of government seeking to contest elections were only to resign at least 30 days to the date of the election and that any other law that mandated such appointees to resign or leave office at any time before that was unconstitutional, invalid, illegal null and void to the extent of its inconsistency to the clear provisions of the Constitution.
However, in separate resolutions on Wednesday at the two chambers of the National Assembly, the lawmakers described the ruling as an affront on the functions and powers of the legislature .
Coming under a motion titled: “Urgent need to appeal judgement of the Federal High Court Umuahia on suit no.: FHC/UM/CS/26/2022 on Section 84(12) of the Electoral Act, 2022″, the Senate on Wednesday resolved to appeal the judgement of the Federal High court.
The motion was sponsored by Senator George Sekibo (Rivers East) and co-sponsored by 80 other lawmakers.
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.
The section provides in part that, “the National Assembly may by law provide guidelines and rules to ensure internal democracy within political parties, including making laws for the conduct of party primaries, party congresses and party conventions; and the conferment on the Independent National Electoral Commission of powers as may appear to the National Assembly to be necessary or desirable for the purpose of enabling the Commission more effectively to ensure that political parties observe the practices of internal democracy, including the fair and transparent conduct of party primaries, party congresses and party conventions.”
He argued further that the provisions of Section 318 of the 1999 Constitution clearly defines who a public servant is, without including political appointees.
Also, at the Green chambers, the House on Wednesday resolved to appeal the judgement and have it upturned.
Challenging the the AGF to allow the National Assembly to exercise its right to appeal the case, the House resolved to report Justice Anyadik to the National Judicial Council (NJC) for nullifying the provisions of Section 84(12).
Several members of the House, at the plenary on Wednesday, criticised the judiciary and the executive for usurping the powers of the legislature, stating that only the parliament and not a presidential appointee can amend the law.
The Speaker of the House, Femi Gbajabiamila, said he got to know about the case on the media. He said he discovered that the chamber was not served any notice, since it was not a party to the suit.
Gbajabiamila said President Muhammadu Buhari, was rightly advised to approach the National Assembly for amendment of the Act.
The Speaker stated that he would not sit back and allow the parliament to be ridiculed under his watch.
Gbajabiamila said it was curious that the National Assembly was joined in the suit and the judgement was secured from a court in Umuahia.
The Speaker stated that the parliament must appeal the judgement and ensure that it was set aside. According to him, it is a mistake and the lawmakers must correct it.
Gbajabiamila appealed to the AGF to “tarry” and not take over the responsibility of the National Assembly.
