TheCitizen - It's all about you
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials
No Result
View All Result
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials
No Result
View All Result
TheCitizen - It's all about you
No Result
View All Result

Electoral Act: National Assembly to appeal ruling allowing political appointees contest primaries

The Citizen by The Citizen
March 24 2022
in Headlines, Latest News
A A
0
National Assembly considers life pension for presiding officers
22
SHARES
734
VIEWS
Share on FacebookShare on Twitter

…Malami insists on amendments

The Senate has resolved to appeal the judgement of Federal High Court, Umuahia, nullifying section 84(12) of the Electoral Act.

The resolution was reached after a debate at today’s plenary.

The resolution followed 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 motion was sponsored by Senator George Sekibo (Rivers East) and co-sponsored by 80 other lawmakers.

Justice Evelyn Anyadike, in a judgment, held that the Section of the Act was “unconstitutional, invalid, illegal, null, void and of no effect whatsoever”, adding that it cannot stand when it is in violation of the clear provisions of the Constitution.

Consequently, the court ordered the Attorney General of the Federation to “forthwith delete the said Subsection 12 of Section 84 from the body of the Electoral Act.”

Justice Anyadike in the Suit FHC/UM/CS/26/2022 held that Sections 66(1), 107(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.

According to her, any other law that mandates such appointees to resign or leave the 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.

Some of the President’s ministers who are said to be planning to run for different offices include the Attorney-General of the Federation, Abubakar Malami, who is said to be eyeing the Kebbi State governorship seat; the Minister of Aviation, Hadi Sirika, who is believed to be planning to contest the governorship of Katsina State; the Minister of Transportation, Rotimi Amaechi, who is rumoured to be eyeing the Presidency.

Others who are said to have political ambitions include the Minister of Labour and Employment, Senator Chris Ngige; the Minister of State for Education, Chukwuemeka Nwajiuba; and a few others.

However, coming under order 42 of the Senate Standing Orders on Personal Explanation, Senator George Thompson Sekibo (PDP, Rivers East) during Tuesday’s plenary, challenged the judgment of the court on Section 84(12).

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.

“I don’t have anything against the judge, but Mr President, what is relied on in the judgment is not in tandem with the interpretation of the Constitution.

“The Constitution defines for us who is a civil servant and who is a public servant. It does not include political appointees.

“More so, Section 4 gives us the power to make good laws, and in our mind, any law we make here is good law.

“Section 228 gives us also the power to make certain laws to guard the Independent National Electoral Commission to effectively discharge its functions.

“We felt that Section 84(12) as enshrined in the Electoral Act assented to, is for the interest of the people and country.

“I don’t think that somebody should go to court without joining the Senate or the House of Representatives where this law emanated from, because we are the origin of the law before the President assented to it.

“If you think it is faulty, you either take us to court and make us part of that case. We did not know, we were not told and they just went there and got a judgment, destroying our work for over one year as no one here has the head to do any good thing,” Sekibo had said.

Also. the House of Representatives is considering reporting Justice Evelyn Anyadike of a Federal High Court sitting in Umuahia, Abia State, to the National Judicial Council for nullifying the provisions of Section 84(12) of the Electoral Act 2022.

Justice Anyadike’s nullification thereby empowers the Minister of Justice and Attorney-General of the Federation, Abubakar Malami (SAN), to delete the section from the Act.

The House also resolved to appeal the judgement and have it upturned.

The lawmakers also asked Malami to allow the National Assembly to exercise its right to appeal the case.

Several members of the House, at the plenary on Wednesday, criticised the judiciary and the executive of 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.

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 judgment was secured from a court in Umuahia.

The Speaker stated that the parliament must appeal the judgment 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.

The Senate had also on Tuesday resolved to take a decision on the matter today.

Section 84(10) of the Act 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.”

On Friday, Anyadike had held that the section was unconstitutional, invalid, illegal, null, void and of no effect whatsoever, saying it ought to have been struck out.

A lawyer and chieftain of Action Alliance (AA) Party, Nduka Edede, had approached the court, in the suit that had the Attorney-General of the Federation as the Defendant.

The Plaintiff had asked the court to determine whether Section 84(12), when read together with Sections 66(1)(f) 107(1)(f)(137(1)(f) and 182(1)(f) of the 1999 Constitution, was not inconsistent.

Malami had said his office would accordingly give effect to the court judgment in line with the dictates of the law and the spirit of the judgment.

The minister said, “The judgment of the Court will be recognised 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.”

Meanwhile, the National Assembly had been divided over the ruling by a Federal High Court, Abuja, stopping President Muhammadu Buhari, Minister of Justice and Attorney-General of the Federation, Abubakar Malami (SAN); and the parliament from tampering with the Electoral Act 2022.

While the Senate had insisted on going ahead to consider the request by the President, who asked the federal parliament to delete Section 84(14) of the new electoral law, the House said it would obey the court.

President of the Senate, Ahmad Lawan, had stated that the ruling by the FHC negates the principles of Separation of Powers. The chamber had gone ahead to consider the executive bill for second reading and voted against it.

However, Chairman of the House Committee on Media and Public Affairs, Benjamin Kalu, while addressing journalists on Tuesday, argued that the chamber would obey the Rule of Law principle.

Buhari, while assenting to the Electoral Act 2010 (Amendment) Bill at the Presidential Villa in Abuja on February 25, had highlighted sections of the new law that would revolutionalise the electoral system in the country but expressed reservations about Section 84 (12).

The President had last week officially conveyed his reservation about Section 84 (12) of the Act 2022 to the National Assembly, asking the lawmakers to delete it.

Meanwhile, the Attorney-General of the Federation (AGF) and Minister of Justice, Abubakar Malami, on Wednesday in Abuja said his office would soon comply with the court order that he should expunge Section 84 (12) from the Electoral Act, 2022.

Addressing journalists after the virtual Federal Executive Council meeting, Malami said he would give effect to the judgment soon, adding that machinery had been set in motion for that purpose.

Asked about the progress on the court’s ruling, Malami said the process was still on.

He stated, “My clear response is the fact that truly there exists a court judgment. By the judgment, the court directed the office of the attorney-general to take necessary steps to delete the provision, which in essence implies that the provision should not form part of our laws.

“Whether it has been deleted or has not been deleted is indeed a function of agencies of government and associated relevant parastatals, but the true position of it in that respect is the fact that government printers, and indeed the Law Reform Commission, among others, that are responsible for the codification and gazetting of our laws, are working naturally with the office of the attorney-general to ensure that what goes into our laws are indeed in line with the provisions of the law.

“So what I am saying in essence is that it is indeed a work in progress against the background of the fact that the Law Reform Commission is involved statutorily, which is a parastatal under the office of the attorney-general, is a party to the process of codification. The government printers, which are saddled with the responsibility of gazetting our laws on the request of the office of the attorney-general, are equally involved.”

He noted that the possibility of an appeal was also there, adding that “deletion of Section 84(12) is a work in progress and is being considered as such.”

Share9Tweet6
Previous Post

Senate passes whistle-blower bill, amends legislation on crime proceeds

Next Post

ARDA plans Africa-centric roadmap for achievable energy transition

Related Posts

Pres. Tinubu clears 959 for national honours
Headlines

Pres. Tinubu clears 959 for national honours

October 10 2025
Council of State approves Amupitan as new INEC chairman
Headlines

Council of State approves Amupitan as new INEC chairman

October 9 2025
Elder statesman Christopher Kolade dies at 92
Headlines

Elder statesman Christopher Kolade dies at 92

October 9 2025
Sowore to lead #FreeNnamdiKanuNow protest October 20 in Abuja
Headlines

Sowore to lead #FreeNnamdiKanuNow protest October 20 in Abuja

October 9 2025
SSANU, NASU mobilise for Thursday protest
Headlines

SSANU, NASU mobilise for Thursday protest

October 8 2025
Is the worst over in Nigeria? – Punch
Governance

Tinubu seeks National Assembly for $2.3bn fresh loan

October 8 2025
Next Post
ARDA plans Africa-centric roadmap for achievable energy transition

ARDA plans Africa-centric roadmap for achievable energy transition

FirstBank SMEConnect portal positions as differentiator for SMEs in Nigeria

FirstBank convenes SMEConnect webinar to shed light on alternative payment methods to boost revenue

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

FROM THE GRASSROOTS

Rivers court adjourns hearing on LG poll legitimacy

Rivers court adjourns hearing on LG poll legitimacy

by The Editor
September 16 2025
0

...

Osun households get free food items

Osun League of Imams & Alfas urges Tinubu to intervene in LG withheld funds

by The Editor
August 27 2025
0

...

Withheld allocations: Osun State drags FG to Supreme Court

Withheld allocations: Osun State drags FG to Supreme Court

by The Editor
August 27 2025
0

...

APC begins campaigns for Rivers LG election

APC begins campaigns for Rivers LG election

by The Editor
August 14 2025
0

...

APPOINTMENTS

Savannah Energy signs agreement with Chadian govt for new renewable energy projects

Savannah Energy announces board changes, appoints two Nigerians as Independent Non-Executive Directors

by The Editor
October 9 2025
0

...

Speaker Abbas swears in three new House members

Speaker Abbas swears in three new House members

by The Editor
October 8 2025
0

...

May Agbamuche-Mbu takes over as new INEC acting chair

May Agbamuche-Mbu takes over as new INEC acting chair

by The Editor
October 8 2025
0

...

Benue govt threatens sanctions over unauthorised governor’s portrait

Benue Assembly okays Alia’s request for 10 more special advisers

by The Editor
September 18 2025
0

...

ODDITIES

Police clear Pastor Adefarasin of viral firearm allegation

Police clear Pastor Adefarasin of viral firearm allegation

by The Editor
September 17 2025
0

Japanese political party to install AI leader

Japanese political party to install AI leader

by The Editor
September 16 2025
0

Three patients die at AKTH as KEDCO cuts power over debt

Three patients die at AKTH as KEDCO cuts power over debt

by The Editor
September 16 2025
0

GLOBAL NEWS

Israel, Hamas sign ceasefire deal

Israel, Hamas sign ceasefire deal

by The Editor
October 9 2025
0

...

EU set to introduce fingerprint, facial scans at borders

EU set to introduce fingerprint, facial scans at borders

by The Editor
October 7 2025
0

...

Madagascar President fires government after Gen-Z protests

Madagascar President fires government after Gen-Z protests

by The Editor
September 30 2025
0

...

US gunman kills one, sets fire to Mormon Church

US gunman kills one, sets fire to Mormon Church

by The Editor
September 28 2025
0

...

Ebola death toll in Congo hits 502

Ebola outbreak in DR Congo claims 15 lives

by The Editor
September 18 2025
0

...

State of the States

Gov. Otti set to build modern fire station in Umuahia

Gov. Otti set to build modern fire station in Umuahia

by The Editor
October 7 2025
0

...

Senator denies bill to rename Kaduna to Zazzau State

Kaduna State pays ₦72,000 minimum wage

by The Editor
September 18 2025
0

...

Gov. Mbah designates Udi, Nkanu West, Nkanu East, Nsukka LGAs as urban areas

Miyetti Allah commends Enugu Govt over peaceful intervention in herders’ attack

by The Editor
September 16 2025
0

...

Land dispute claims 100 lives in Ebonyi communities

Ebonyi govt bans graduation ceremonies for nursery, primary schools

by The Editor
September 5 2025
0

...

Plugin Install : Widget Tab Post needs JNews - View Counter to be installed
  • Trending
  • Comments
  • Latest
Udokanma Okonjo challenges Providus Bank’s $97,000 overdraft claim, files appeal

Udokanma Okonjo challenges Providus Bank’s $97,000 overdraft claim, files appeal

October 10 2025
Don’t arm FRSC – Punch

Don’t arm FRSC – Punch

October 10 2025
Nigeria’s World Cup hopes at stake today

Nigeria’s World Cup hopes at stake today

October 10 2025
Pres. Tinubu clears 959 for national honours

Pres. Tinubu clears 959 for national honours

October 10 2025

EDITORIAL REVIEW

Don’t arm FRSC – Punch

Don’t arm FRSC – Punch

by The Editor
October 10 2025
0

FG denies renaming Murtala Muhammed Way, Abuja after Soyinka

Modernise FCT transport operations – Punch

by The Editor
October 8 2025
0

Is the worst over in Nigeria? – Punch

Is the worst over in Nigeria? – Punch

by The Editor
October 7 2025
0

To make the Fourth Mainland Bridge dream come true – Guardian

To make the Fourth Mainland Bridge dream come true – Guardian

by The Editor
September 30 2025
0

Resolve pensioners’ agitation – Punch

Resolve pensioners’ agitation – Punch

by The Editor
September 30 2025
0

Opinion

1975 public service purge: What have we learnt?

1975 public service purge: What have we learnt?

by The Editor
September 30 2025
0

...

Tinubu finds his own demons

Nigeria’s state of weakness

by The Editor
September 18 2025
0

...

#ENDSARS: A wakeup call for Nigerian media

Passport hikes and burden of multiple means of identification crisis in Nigeria

by The Editor
September 16 2025
0

...

China is redefining global order

China is redefining global order

by The Editor
September 16 2025
0

...

Plugin Install : Popular Post Widget need JNews - View Counter to be installed
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials

© 2024 TheCitizen Ng. All Rights Reserved.

No Result
View All Result
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials

© 2024 TheCitizen Ng. All Rights Reserved.