Electoral act: Barring political appointees from primaries unconstitutional, court rules

A federal high court in Umuahia, Abia state, has ordered the attorney-general of the federation to immediately delete section 84 (12) of the amended Electoral Act, 2022.

Evelyn Anyadike, the presiding judge, on Friday held that the section was unconstitutional, invalid, illegal, null, void and cannot stand.

According to the judge, the section is in violation of the clear provisions of the constitution.

President Muhammadu Buhari had assented to the electoral act amendment bill on February 25.

He, however, asked the national assembly to delete section 84 (12) of the act, which reads: “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.”

Delivering a ruling in the suit marked FHC/UM/CS/26/2022, Anyadike stated that Sections 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.

The judge said 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 with the clear provisions of the constitution.

On March 9, the senate rejected the president’s request to amend the clause in the electoral act.

Subsequently, the AGF said the federal government will consider all other options available before taking a position on the matter.

He said the government has three options; make another request for reconsideration, approach the court, or accept the law as it is.

Malami affirmed that while it is the responsibility of the lawmakers to legislate, the federal government will exploit all options available — if it becomes necessary.