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Electoral Act: Non-resignation before contesting risky, may void primaries

The Citizen by The Citizen
April 29 2022
in Governance, Headlines
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Electoral Act: Non-resignation before contesting risky, may void primaries
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– Reps Speaker warns Malami, Amaechi, Ngige, others

The Speaker of the House of Representatives, Femi Gbajabiamila, has said political appointees who refuse to resign before contesting the forthcoming 2023 elections pose a risk to themselves and their parties.

Section 84(12) of the Electoral Act 2022, which was signed by President Muhammadu Buhari provided 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.”

The implication of the provision is that political appointees who intend to be voting delegates or stand as aspirants for elective positions in a primary election shall, first of all, resign their appointments.

Ministers who are serving under the present regime who had declared their interest to contest in the 2023 elections without resigning included the Minister of Justice and Attorney General of the Federation, Abubakar Malami (SAN);  Minister of State for Education, Chukwuemeka Nwajiuba; Minister of Transportation, Rotimi Amaechi; and Minister of Labour and Employment, Chris Ngige.

Gbajabiamila, in an interview on Channels TV on Thursday, noted that some political appointees were obstinate to resign before contesting in the election.

According to him, they run the risk of rendering the primary election null and void.

He said, “There are a number of people who have been mischievous. Some appointees have resigned their appointments to seek election, while there are some who remain obstinate, for want of a better word.

“Under the amended Act, there is a court decision pending that says there is no provision on this and during our conversation, we have said that the adjudication by the court should not be executed as of yet. Then there has also been an appeal by the National Assembly to set it aside.

“So invariably, it is a personal decision they have to make. Therefore the risk they run at the end of it all, if the court does find that the National Assembly was well within its rights to make such a provision that you are contesting an election while still a political appointee, then you are on a very serious risk of losing your election bid and not only that, you as a person also put the party you belong to at risk.”

 

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