Court Orders Malami To Delete Section 84(12) Of Electoral Act

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Election Showdown As Court Orders Malami To Delete Section 84 (12) Of Electoral Act, Gives Reason

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A Political showdown between the National Assembly and some stakeholders in the polity was looming at the weekend after the Abia State division of the Federal High Court sitting in Umuahia ordered the Attorney-General of the Federation, Abubakar Malami to delete Section 84 (12) of the amended Electoral Act without delay. 

Justice Evelyn Anyadike ordered Malami to delete the section of the Electoral Amendment Act “forthwith” because it’s unconstitutional.

The section stipulates that political appointees should not be voted for and cannot vote during the nomination of candidates for political office.

The section 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”.

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In her judgment, Justice 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.”

She ordered that the Attorney General of the Federation “forthwith delete the said Subsection 12 of Section 84 from the body of the Electoral Act, 2022”.

President Muhammadu Buhari recently signed the amended Electoral Act.

He appealed to the National Assembly to delete the provision claiming that it violated the Constitution and breached the rights of government appointees.

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