The Umuahia division of the Federal High Court has ordered the expungement of the section 84(12) of the recently signed 2022 Electoral Act.

A lawyer and chieftain of Action Alliance, Nduka Edede had approached the court to determine whether Section 84(12), when read together with Sections 66(1)(f) 107(1)(f)(137(1)(f) and 182(1)(f) of the 1999 Constitution, was not inconsistent.

Delivered a ruling on the matter, Justice Evelyn Anyadike on Friday ordered Attorney-General of the Federation (AGF) Abubakar Malami to delete the controversial section from the Electoral Act.

According to the Mrs Anyadike, sections 66(1)(f), 107(1)(f), 137(1)(f) and 182(1)(f) of the 1999 Constitution already stipulated that political appointees should resign 30 days before the election date. 

She maintained that any other law that mandates the resignation of such appointees before the 30 days time frame was unconstitutional, invalid, illegal, null and void to the extent of its inconsistency to the clear provisions of the Constitution.

Therefore, Justice Anyadike ordered Mr Malami to delete the section.

The ruling has rendered the senate incapable of further amending the Act as the controversial section is considered to no longer exist.

The Gazette recalls Justice Inyang Ekwo of the Abuja division of the Federal High Court had on March 7 placed a restraining order on the president, senate and AGF from further amending the Electoral Act.

President Muhammadu Buhari who signed the electoral bill into law on February 25 had asked the Senate to expunge the section mandating resignation of political appointees before contesting in any election.

“No political appointee at any level shall be voting delegate or be voted for at the Convention or Congress of any political party for the purpose of the nomination of candidates for any election,” states section 84(12) of the newly signed Electoral Act.

Disagreeing with the clause, Mr Buhari argued the section disenfranchises serving political appointees from voting or being voted for.

According to him, “Section 84 (12) constitutes a disenfranchisement of serving political office holders from voting or being voted for at conventions or congresses of any political party, for the purpose of the nomination of candidates for any election in cases where it holds earlier than 30 days to the national election.”

The Senate last week threw out a bill seeking to amend the act after conducting a voice vote where the nays trumped the ayes.

A determined Mr Malami had told journalists on Wednesday that the federal government was ready to explore other available options to ensure the president’s request was granted.