Follow Us on Google
From Fred Itua and Ndubuisi Orji, Abuja
A week after a Federal High Court in Abia State declared as illegal Section 84(12) of the newly-signed Electoral Act, both chambers of the National Assembly, yesterday, resolved to appeal the judgment.
In addition , the House of Representatives vowed to report the judge to the National Judicial Council (NJC) and also warned Minister of Justice and Attorney General of the Federation (AGF), Abubakar Malami, not to tamper with the new Act pending the determination of all suits.
Last Friday, Evelyn Anyadike of the Federal High Court, Umuahia, ordered the AGF to delete section 84 (12) of the amended electoral act.
The judge held that the section was unconstitutional, invalid, illegal, null, void and cannot stand. She ruled 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 section 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.”
But in a motion sponsored by George Thompson Sekibo, tagged: “Urgent need to appeal the judgment of the Federal High Court Umuahia on Suit No. FHC/UM/CS/16/2022, senators argued that the power to make laws is vested on the parliament.
In his motion, Sekibo quoted Section 4(1, 2 and 3) of the 1999 Constitution, which he said was at variance with the court ruling. He said the Constitution also confers more powers on the National Assembly on any issue regarding the affairs of political parties and effective management of the electoral process by the Independent National Electoral Commission (INEC).
“The Electoral Act 2022 enacted by the National Assembly followed due process of the provisions of the 1999 Constitution. The Senate opines that Section 84(12) of the 2022 Electoral Act exclusively refers to nomination conventions and congresses called for candidate selection and not participation in the general election which Sections were referred to.
“The Senate should show concern on the judgment, especially when she was not given any opportunity to represent herself in a matter such as this that emanates from her legitimate functions. Letting this judgment go without concern will become a precedence on which any person could go to court and obtain a judgment to ridicule the good intentions of the National Assembly as an institution.”
An attempt by the senate president to refer the motion to the Committee on Judiciary was rejected. In its resolution, the Senate agreed to accordingly appeal the judgment in Suit marked FHC/UM/CS/16/2022.
At the House, lawmaker from Katsina, Sada Soli, had moved a motion and told his colleagues that the court judgment was an infringement on the right of legislators to lawmaking. The legislators described the judgment as an aberration and vowed to appeal against the verdict.
Speaker Femi Gbajabiamila said he cannot allow the lower legislative chamber to be ridiculed under his watch.
Minority Leader, Ndudi Elumelu, said there was separation of powers in the constitution which clearly states that no arm of government should take up the duty of another arm. He said the court should have interpreted the law and not interfere with the powers of the National Assembly to make laws.
Tahir Monguno, chief whip, said the principle of natural justice calls for fair hearing. He said the National Assembly is an interested party but was not joined in the suit. He said the judge should have made an order for the National Assembly to be joined in the suit.
Majority Leader, Ado Doguwa, said Nigeria’s democracy should not be allowed to run as a jungle system. “Whatever the decision the court took is an aberration.”
