The Federal Government of Nigeria has announced plans to put into effect a court decision that allows political appointees to run for office without resigning.
Abubakar Malami, Attorney General and Minister of Justice, issued a statement Friday night outlining the government’s position.
The FG’s announcement came just hours after a Federal High Court in Umuahia, Nigeria, declared Section 84(12) of the newly amended Electoral Act unconstitutional.
Rotimi Amaechi, Minister of Transportation; Chris Ngige, Minister of Labour and Employment; and other political appointees believed to be interested in elective positions will be unable to participate in the All Progressives Congress primaries, which are expected to begin in May, unless they resign.
Earlier, the Senate unanimously rejected the Electoral Act Amendment Bill sent by President Muhammadu Buhari, Major General Muhammadu Buhari (retd.).
However, elected officials such as governors, deputy governors, the Vice President, and members of the National Assembly and state legislatures will be permitted to run in and participate in the primaries.
According to Section 84(10) of the Act, “No political appointee at any level shall be a voting delegate or be voted for at any political party’s convention or congress for the purpose of the nomination of candidates for any election.”
However, in a decision delivered on Friday by Justice Evelyn Anyadike, the court ruled that the section was unconstitutional, invalid, illegal, null and void, and of no effect, and that it should have been struck down.
Mr Nduka Edede, a lawyer and Action Alliance party chieftain, had approached the court in a suit in which the Attorney General of the Federation was the Defendant.
The plaintiff had requested that the court rule on whether Section 84(12), when read in conjunction with Sections 66(1)(f), 107(1)(f), (137(1)(f), and 182(1)(f) of the 1999 Constitution, was not inconsistent.
“The office of the Attorney General of the Federation and Minister of Justice will accordingly give effect to the Court judgment in accordance with the dictates of the law and the spirit of the judgment,” Malami said in a statement.
The Act will be gazetted, taking the effect of the judgment into account, and the constitutionally offensive provision will be removed as a result.
“Section 84(12) of the Electoral Act 2022 is not part of our law and will be treated as such.”
“The Court’s decision will be recognized by the government printers when they print the Electoral Act.”
The Act will be gazetted, taking the effect of the judgment into account, and the constitutionally offensive provision will be removed as a result.
This is in accordance with Chapter 7, Part 4, Section 287 of the 1999 Constitution of the Federal Republic of Nigeria (as amended), which states that “it is the duty and obligation of all authorities and persons to have the judgment of the federal High Court, among others, enforced.”
“Section 84(12) of the Electoral Act 2022 is not part of our law and will be treated as such.”
