The Senate has passed a motion seeking to appeal the judgement of the Federal High Court, Umuahia, on Section 84(12) of the Electoral Act 2022.
The House of Representatives has also resolved to appeal the judgement that voided section 84(12) of the Amended Electoral Act.
This followed the adoption of a motion by Rep. Sada Soli (APC-Katsina) at the plenary on Wednesday.
The Senate, in the motion, seeks to follow appropriate channel and appeal the judgement for the Appeal Court to set aside the Umuahia judgement.
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The motion, titled “Urgent need to appeal the Judgment of the Federal High Court, Umuahia, on Suit No: FHC/UM/CS/26/2022, on Section 84(12) of the Electoral Act 2022″, was sponsored by Sen. George Sekibo (PDP-Rivers) and co-sponsored by 81 Senators.
Sekibo in his lead debate observed that a court in Umuahia, Abia, had in a suit marked FHC/MU/SC/26/2022, faulted the provision of Section 84(12) of the Electoral Act 2022, and declared it unconstitutional, invalid, illegal, null, void and of no effect.
Section 84(12) of the Electoral Act 2022 states as follows: “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.”
He said the Electoral Act 2022 enacted by the National Assembly followed due process of the provisions of the 1999 Constitution.
He said the Senate believes that Section 84 (12) of the 2022 Electoral Act exclusively refers to nomination, conventions and congresses organised for candidates selection and not participation in the general election, which Sections 66(1)(f), 107(1)(f), 137(1)(g) and 182(1)(g) were referring to.
He said it was his believe that the interpretation of the meaning of the words ‘Civil Service’ and ‘Public Service’ as provided in Part IV of the 1999 constitution as amended constitution, on Interpretation, Citation and Commencement in Section 318 of the constitution was unambiguous.
He said there was a difference between the civil service or public service and political appointment.
He said that the Senate should show concern on the judgment, especially when opportunity was not given for the Senate to represent itself in a matter that emanated from her legitimate functions.
Sekibo expressed concern that allowing the judgement go without concern would become a precedence on which any person could go to the court and obtain judgement to ridicule the good intentions of the National Assembly as an institution.
Presenting the motion in the House, Soli said that the judgement was not only an assault but an attempt to oust the jurisdiction of the parliament.
“This is an infringement on the powers and rights of all parliamentarians and of the National Assembly as a whole,” he said.
The lawmaker said that the aim of section 84(12) was to give a level playing ground to all aspirants seeking elective offices in the country.
The Minority Leader, Rep. Ndudi Elumelu (PDP-Delta) said that sections 66 (1f), 107 (1g) 137(1g) and 182 (1g) of the Constitution were clear on who should be regarded as a civil servant.
He said that the sections made it clear that a civil servant must resign from office at least 30 days before contesting for any election in the country but remained silent on political appointees.
“The court could refer the issue back to the parliament to amend the law if need be and not to ask somebody somewhere to delete an act of parliament, this is contrary to the principles of separation of power.
“I think the house should condemn this and write a petition to NJC because it is an infringement on the parliament,” he said.
Rep. Hammen Hembe (APC-Benue) said that he was worried that the same words used by the President in his communication to the house were used in the judgement.
In his ruling, Speaker Femi Gbajabiamiala expressed concern over the development.
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