Appeal Court axes Section 84(12), says political appointees can contest primaries without resigning
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.Â
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.Â
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…
We have recently deactivated our website's comment provider in favour of other channels of distribution and commentary. We encourage you to join the conversation on our stories via our Facebook, Twitter and other social media pages.
More from Peoples Gazette
Agriculture
FG tasks ECOWAS on leveraging financing strategies for agroecology
The federal government has urged stakeholders in the agriculture and finance sectors in the West Africa region to leverage financing strategies to enhance agroecology practices
Politics
Katsina youths pledge to deliver over 2 million votes to Atiku
“Katsina State is Atiku’s political base because it is his second home.”
States
Four killed in Sokoto rainstorm
According to NEMA, many homes and critical public infrastructure, including one primary school and one hospital, were damaged.
Economy
Stakeholders push policy retention as CBN’s monetary policy committee meets
In its 305th meeting in May, the MPC retained the monetary policy rate at 26.5 per cent.
States
Man seeks court order for access to two-year-old son
The judge adjourned the case until August 11 for mention.
States
Police foil cult initiation in Delta, recover firearms
The police spokesman said recovered exhibits included one pump-action gun, one cut-to-size double-barrelled gun, seven live cartridges and two expended cartridges.
Lagos
Sanwo-Olu pays N3.1 billion compensation to 300 Lagos property owners
Mr Sanwo-Olu presented more than N3.1 billion in compensation to over 300 property owners affected by government land acquisition.
Economy
FG pledges policy support for sustainable aviation fuel
He stated that while aviation remains critical to economic growth, the sector must also contribute meaningfully to global efforts to address climate change.
