A civil society organisation, Equity And Justice In Politics And Governance Movement, has said the Section 84(12) of the Amended Electoral Act 2022 should apply to both elected and appointed public officers.
In the new Electoral Act, Section 84 (12) of the Act says “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.”
According to the group, this section of the act contradicts the Nigerian Constitution which allows appointees to vote or be voted for as long as they resign their positions at least 30 days to the election.
The Convener of the group, Comrade Momodu H. Tarka, commended the attorneys general of the federation and minister of justice for standing firmly to ensure that justice is done to all Nigerians.
The Federal High Court sitting in Umuahia, on March 18, 2022 struck down Section 84(12) of the newly amended Electoral Act which President Muhammadu Buhari had written to the National Assembly to delete.
The court in a judgment delivered by Justice Evelyn Anyadike, held that the section was unconstitutional, invalid, illegal, null, void and of no effect whatsoever and ought to be struck down as it cannot stand when it is in violation of the clear provisions of the Constitution.
Comrade Tarka said, ”We want to be emphatic about this and we dare say that both elected and appointed public officers should be treated equally, If the law is to have universal applicability.
”As we have pointed out earlier, the law is selfish and discriminatory, if it applies only to appointed public officers. We therefore state that the Section should be expunged or in the spirit of fairness and equity, both should be asked to resign.
”If there is sincerity of purpose, the makers of the law should have thought it wise to say that a public officer, both elected (President, Governors, members of National and State Houses of Assembly) and appointed should resign from office before standing for another elective office.
“As it stands now, the law favours one set of public officers while some others are disadvantaged. If we may ask, where is JUSTICE and EQUITY in the law? ”The law, we dare say, is self-serving and discriminatory and we are of the view that the National Assembly should make laws with universal appeal and in the interest of the nation, not discriminatory and self-serving laws that end of creating confusion.
”The National Assembly should urgently address this issue in their legislations.”
He said with this judgement, the National Assembly was not required to further make any amendments to the section as the import of the judgment is that Section 84(12) of the Electoral Act is no longer in existence or part of the Electoral Act.
He commend the attorney-general of the federation and minister of justice, mr abubakar malami, SAN, for the swift action taken to give effect to the judgement and also for coming out categorically to say that his office will not be appealing the judgement.
He said, ”The makers of the law obviously have an agenda for inserting the section into the amended Electoral Act and it is to shot out political appointees from contesting the next general election.
”According to the 1999 Constitution, both elective and appointed persons in public office are all public officers.
”If the law gives political appointee 30 clear days to resign from office before contesting for an elective position, why amend that section to be one year. If indeed the lawmakers are sincere and fair, they should also amend the law and cut short their stay in office before standing for another election.
”Like we said earlier, there is an agenda and thank God for our courts that stood up to the injustice and truncated it.
”With the verbal attack on the Honourable Attorney-General of the Federation and Minister of Justice, Mr Abubakar Malami, SAN, since the judgement was delivered, it is obvious that some persons do not MEAN well for the country.”
According to him, in about seven years of his appointment as the attorney-generalof the federation and minister of justice, Mr Abubakar Malami, SAN, has faced very serious criticisms from those who obviously are no longer benefitting from the bad system the country was operating before President Muhammafu Buhari assumed office in 2015 as the President and Commander-in-Chief of the Federal Republic of Nigeria.
”The lacuna and situation where elected officers could get to the level of having two or more positions without resigning before contesting, simply because they are elected, does not say good about our laws and democracy.
”The National Assembly should urgently act and address the situation for the sake of JUSTICE and EQUITY”, he concluded
