March 23, (THEWILL) – The Senate on Tuesday, resolved to debate ruling of a Federal High Court in Umuahia, Abia state last week, which nullified provisions of section 84(12) of the 2022 Electoral Act.
THEWILL reports that Justice Evelyn Anyadike, of the Federal High Court, had in her ruling last week Friday, ordered the Attorney–General of the Federation to expunge the section from the Electoral Act, adding that the section contravenes provisions of the 1999 Constitution, which allows appointive political office holders contesting for any election to remain in office 30 days to the election.
Section 84(12) included in the 2022 Electoral Act by both chambers of the National Assembly stipulates that appointive political office holders should resign from office before participating in any election right from the stage of primary elections at party level and will not be qualified to serve as delegates at elective Congresses and convention of their political parties while still in office.
Need for debate on the court ruling was moved by Senator George Sekibo (PDP Rivers East) and seconded by Senator Chukwuka Utazi (PDP Enugu North).
Raising the matter, Senator George Sekibo, PDP, Rivers East, spoke on the various functions of the three arms of government.
Sekibo, who came under Order 10 and 11 of the Senate Standing Rules, urged his colleagues to suspend other activities and debate the issue, even as he argued that the ruling by the Court, nullifying their action, is bad precedence that must not be allowed to stand. He said if allowed to stand, future actions of the Parliament will be challenged in Courts by interested parties.
Sekibo said: “This issue is very important. Those who went to court to challenge our action, didn’t include us as an interested party. We were not even aware that a matter was even in court.
“Suddenly, we were told that a judgement was given and the Federal Government immediately gazetted it. This is dangerous and we need to take a position immediately. This is important to guide against such occurrences.”
He, therefore, moved that the issue be discussed during plenary today (Tuesday) to avoid setting a bad precedence on laws enacted by the federal parliament..
But the Deputy Senate President Ovie Omo-Agege, who presided over plenary, suggested that the debate on the issue be postponed to Wednesday, since the Senate President, Ahmad Lawan and many other lawmakers were absent.
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