Senate, Reps tell Malami to stay action on Electoral Act, to appeal court order

The two arms of the National Assembly have told the Attorney General of the Federation and Minister of Justice, Abubakar Malami, to stay action on the Electoral Act 2022, with regard to the Federal High Court, Umuahia, Abia State, judgment.

RELIABLESOURCENG.COM reports that the court had last Friday directed Malami to delete Section 84(12) of the Act, having declared it unconstitutional, null and void.

Both the Senate and the House of Representatives in their different plenary sessions on Wednesday resolved to appeal the judgment of the Abia court.

The Senate resolved to appeal the order following a motion brought by Senator George Thompson Sekibo (PDP, Rivers) and 80 others on the floor of the Red Chamber.

Sekibo, in his lead debate, noted that the Electoral Act, 2022 enacted by the National Assembly followed due process of the provisions of the 1999 Constitution as amended.

“Section 84(12) of the 2022 Electoral Act exclusively refers to nominations, conventions and congresses called for candidates’ selection and not participation in the general elections which Sections 66(1)(f), 107(1)(f), 137(1)(g) and 182(1)(g) were referring to,” he said.

The House also asked Malami not to give effect to the judgement while the House perfects processes to appeal the judgment.

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

The House also resolved to petition the National Judicial Council (NJC) to report the judge who handled the matter for acting “ultravires” and usurping the powers of the parliament.

These resolutions followed the adoption of three motions arising from a point of privilege by a lawmaker, Sada Soli, who described the judgment as an assault on the National Assembly and usurpation of powers of the parliament.

The Federal High Court, Umuahia, had ruled that Section 84 (12) of the recently amended Electoral Act be deleted, saying it was against the constitution, null and void.

Delivering judgment on the suit challenging the constitutionality of the provision, Justice Evelyn Anyadike, held that the section was “unconstitutional, invalid, illegal, null, void and of no effect whatsoever.”

Adjudging the provision to be in conflict with the Nigerian constitution, the judge held that it “ought to be struck down as it cannot stand when it is in violation of the clear provisions of the Constitution.” The judge ordered the Attorney General of the Federation to “forthwith delete the said Subsection 12 of Section 84 from the body of the Electoral Act, 2022”.