Court Judgment: We’ll delete Section 84(12) from Electoral Act – FG

The Federal Government has said it will expunge Section 84(12) of the newly signed Electoral Act 2022, in line with the judgment of the Federal High Court, Umuahia, Abia State.

The section states 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.

President Muhammadu Buhari, had while signing the amended Electoral Act, raised objection on the controversial section and urged the National Assembly to delete the provision, as it violated the Constitution and breached the rights of government appointees.

However, both the Senate and the House of Representatives rejected the president’s request.

But on Friday, March 18, 2022, a Federal High Court sitting in Umuahia, nullified the section, saying it was a violation of the provisions of the Constitution.

Reacting to the court ruling, Attorney General of the Federation (AGF) and Minister of Justice, Abubakar Malami, said the section would be deleted.

In a statement issued on his behalf by Dr. Umar Jibrilu Gwandu, his spokesman, Malami said with the judgment, the constitutionally offensive provision will be deleted accordingly.

READ: Court reportedly strikes out Section 84(12) of Electoral Act 2022

He said: “The Office of the Attorney General of the Federation and Minister of Justice will accordingly give effect to the court judgment in line with the dictates of the law and the spirit of the judgment.

“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 makes 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.”

Earlier in the week, Malami had said the Federal Government may go to court over the senate’s rejection of Buhari’s request to delete section 84 from the Electoral Act.