Section 84(12): Reps wait for certified true copy of court ruling

The House of Representatives has reacted to the ruling of an Umuahia High Court which has thrown section 84(12) out of the country’s Electoral Act.

The Court which sat in Abia Friday said the provision of the subsection in respect of the fate of appointed political office holders was totally unconstitutional.

The Court also observed that when read together with other existing parts of the Nigerian Constitution dealing with who should be qualified for office, what should be done in times like this, the prescriptions of section 84 of the Electoral Act is in every sense, ultra vires.

Benjamin Kalu, Spokesman of the House acknowledged that members were unaware of the particulars of the suit which has invariably tossed out the most controversial section of the new act.

The lawmaker further disclosed that the House was not in any way joined in the matter.

He said the House of Representatives will react formally when it obtains a certified true copy of the court’s judgment.

A member of Action Alliance, Nduka Edede, had filed a suit before the Federal High Court in Umuahia.

In suit Number FHC/UM/CS/26/2022, the plaintiff asked the court to determine if the section under reference was legal.

He also asked the court to strike out the provisions of the section if they are at variance with the Nigerian constitution.

The AGF, joined as a defendant in the case, did not oppose the suit. There is evidence that the legal team which represented the AGF aligned with the litigant.

In its ruling, the Court ordered the Attorney General of the federation to delete the controversial section from the Electoral Act.

Until a superior court upturns the ruling of the Abia High Court, most lawyers are insisting, the Electoral Act would be read without the ouster clauses copiously introduced by federal lawmakers.

Mike Ozokheme, SAN, agreed with the ruling of the High Court which has set aside the provisions of section 84 of the Electoral Act.

He stressed that lawmakers have no power to add or subtract on matters that the constitution has explicitly made pronouncements.

Emeka Ozoani, SAN, told journalists in Umuahia that the court agreed with pleas that were brought before it by the plaintiff.

The office of the Attorney General is saying at this time that it would adhere to the dictates of the court ruling.

It said the Electoral Act would be reproduced for circulation without sections thrown out by the court.