Appeal Court axes Section 84(12), says political appointees can contest primaries without resigning

Section 84(12) was passed by the parliament and signed into law by President Buhari earlier this year. It blocked political appointees from contesting primaries while in office.

HILLARY ESSIEN • May 11, 2022

Gavel used to illustrate the story

The Abuja Division of the Court of Appeal on Wednesday struck down a section of the newly-amended Electoral Act, deciding that political appointees should be allowed to remain in office until 30 days before general elections as stipulated by the Constitution.

Section 84(12) was passed by the parliament and signed into law by President Muhammadu Buhari earlier this year. It blocked political appointees from contesting primaries while in office.

But a three-member panel of the Appeal Court said the amendment was unconstitutional because it was contrary to Section 42 of the Constitution which allows appointees to remain in office until 30 days before election day.

As such, political appointees would be legally within their rights to remain in office until 30 days before general elections as stipulated by the Constitution.

In March, the Umuahia Division of the Federal High Court ordered the expungement of the section in the recently signed 2022 Electoral Act.

The suit, filed by the chieftain of Action Alliance Nduka Edede, asked the court to determine whether the controversial Section 84(12) was inconsistent with other provisions enshrined in the 1999 Constitution.

Justice Evelyn Anyadike ordered the Attorney-General of the Federation (AGF) Abubakar Malami to delete the controversial section from the Electoral Act, as the Constitution already provided for political appointees to resign 30 days before the election date.

Ms Anyadike noted that any other law that mandates the resignation of such appointees before the 30 days time frame was unconstitutional, invalid, illegal, null and void.

In late April, Mr Malami maintained that only the Court of Appeal can restore the controversial section into the Electoral Act, 2022.

Mr Malami is running for governor in his home Kebbi state, and he has declined calls to resign. Ministers Rotimi Amaechi, Emeka Ngige and Emeka Nwajuiba are also running for office without resigning.

The judgement, however, may not apply to Governor Godwin Emefiele of the Central Bank of Nigeria because his position is a tenure appointment.

Details shortly…

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