The Nigerian House of Representatives has today said it would appeal the judgement of the Federal High Court, Abia state, that directed the Attorney General, and Minister of Justice, Abubakar Malami to delete section 82(4) of the Electoral Act, 2022. The lawmakers caution Malami to stay action while the House approaches the appeal court for setting aside the judgement of the Federal High court. In a similar manner, the green chamber also vowed to approach the National Judicial Commission (NJC) to report the Judge who passed the judgement for acting “Ultravires” through high jacking the powers of the nation’s parliament.
The action of the lawmakers followed the adoption of the motion arising from a point of privilege by lawmakers, Sada Soli, who described the action of the judge as a coup to the National Assembly through annexing the powers of the legislature to himself.
The Federal High Court in Umuahia, Abia State, had last Friday ruled that Section 84 (12) of the recently amended Electoral Act be deleted, saying it was against the constitution, null and void.
Accordingly, the said section prohibited political appointees from voting as delegates in party conventions or congresses and from participating in primaries as aspirants except they resign.
Delivering the judgement 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.”
In his ruling, the presiding judge directed that the section “ought to be struck down as it cannot stand when it is in violation of the clear provisions of the Constitution.”
Therefore, the judge directed that the Attorney General of the Federation “forthwith delete the said Subsection 12 of Section 84 from the body of the Electoral Act, 2022”.
The judgement Senate has also vowed to appeal the ruling.
