House of reps resolves to appeal ruling on Electoral Act

The House of Representatives has resolved to appeal the judgment of a Federal High Court, Umuahia, which directed the Attorney-General and Minister of Justice to delete section 84(12) of the newly passed Electoral Act 2022.

Speaker, Hon. Femi Gbajabiamila, said he learned of the ruling in the media and he wondered why the parliament, being the maker of the law, was not a necessary party in the suit.

He frowned upon the ruling, which he said negated the principle of separation of power, and said the house of representatives was considering reporting the judge, Evelyn Ayandike to the National Judicial Commission, NJC.

Gbajabiamila warned the executive against usurping the role of the legislature and urged the AGF to ‘tarry’ in taking any action on the ruling.

The Cornet reports that the AGF, Abubakar Malami, had said he would speedily delete the said section and gazette the law.

The said section 84(12) 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.”

President Muhammadu Buhari had, before signing the Amended Electoral Act 2022, raised a complaint on the section.

Buhari stated that the section negated relevant provision of the Constitution that requires a public servant willing to take part in partisan politics to resign no later than 30 days to the election.

Supporters of the Act are saying that the constitution defines who is a public servant, but that political appointees do not fall into the category.