Like reps, senate to appeal court ruling deleting section 84(12) of electoral act

The senate says it will appeal a court judgment on the deletion of section 84(12) of the Electoral Act 2022.

The senate’s decision comes after the house of representatives resolved to also appeal the judgment.

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

He had, 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.”

According to the president, the provision “disenfranchises” political appointees.

On March 18, a federal high court in Umuahia, the Abia capital, had ordered the attorney-general of the federation (AGF) to immediately delete the aforementioned section on the grounds that it violates the provisions of the constitution.

Delivering the ruling in a suit marked FHC/UM/CS/26/2022, Anyadike said sections 66(1)(f), 107(1)(f), 137(1)(f) and 182(1)(f) of the 1999 constitution already stipulated that government appointees seeking to contest elections were only to resign at least 30 days to the date of the election.

Reacting to the court’s decision, the AGF had said it would ensure compliance with the judgment.

But at its plenary on Wednesday, the senate agreed to appeal the judgment, following the consideration of a motion sponsored by George Sekibo, and co-sponsored by 79 other senators.

According to a statement by Ezrel Tabiowo, media aide to Senate President Ahmad Lawan, Sekibo said section 318 of the constitution makes a difference between the civil service or public service and political appointments.

“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,” the lawmaker said.

“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.”

The senate, thereafter, resolved to appeal the judgment on the basis that the decision was reached “without due consideration of the constitutional interpretation in section 318 of the 1999 constitution as amended”.