Abubakar Malami, attorney-general of the federation (AGF),
says the federal government will effect a judgment which ordered the removal of
section 84 (12) of the amended Electoral Act, 2022.
President Muhammadu Buhari had assented to the electoral act
amendment bill on February 25.
He, however, asked the national assembly to delete section
84 (12) of the act, which reads: “No political appointee at any level shall be
a 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.”
On March 9, the senate rejected the president’s request to amend the clause in the electoral act.
Subsequently, the AGF said the federal government will
consider all other options available before taking a position on the matter.
Delivering a ruling on Friday in a suit marked
FHC/UM/CS/26/2022, Evelyn Anyadike, the presiding judge, held that the section
was unconstitutional.
Anyadike stated that sections 66(1)(f), 107(1)(f), 137(1)(f)
and 182(1)(f) of the 1999 constitution already stipulated that government
appointees seeking to contest elections are only to resign at least 30 days to
the date of the election.
In a statement issued on Friday by Umar Gwandu, his
spokesperson, Malami said the federal government will take the necessary action
on the court ruling.
“The judgment of the court will be recognised by the
government printers in printing the Electoral Act,” the statement reads.
“The Act will be gazetted factoring the effect of the judgment
into consideration and deleting the constitutionally offensive provision
accordingly.
“The provision of Section 84(12) of the Electoral Act 2022
is not part of our law and will be so treated accordingly.
“This is in line with
the dictates of chapter 7, Part 4, Section 287 of the 1999 Constitution of the
Federal Republic of Nigeria (as amended) on enforcement of decisions that makes
it a point of duty and obligation on all authorities and persons to have the
judgment of the federal high court, among others, to be enforced.”
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