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Electoral Act: Senate, Reps To Appeal Order Nullifying Section 84(12)



The Senate and members of the House of Representatives have settled to appeal the judgement of the Federal High Court sitting in Umuahia, asking the Attorney General of the Federation to delete section 84(12) from the electoral act amendment bill.

The section bars political appointees at any level to vote 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 bill, which was recently signed into law by President Muhammadu Buhari became controversial when the National Assembly rejected the president’s demand to remove the section.

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

On their part, members of the House lamented that the judgment was aimed at taking away the powers of lawmaking conferred on them by the 1999 Constitution as amended and agreed to petition the National Judicial Council about the conduct of the judge, Justice Evelyn Anyadike who delivered the judgment.


Speaker Femi Gbajabiamiala said the Executive or an appointee of the Executive cannot by the provision of the Constitution delete even a punctuation mark on any law as that would amount to usurping the powers expressly conferred on the National Assembly.

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