Buhari Wins Big as Court Issues Strong Order to AGF Over Removal of Section 84 (12) of Amended Electoral Act

Buhari Wins Big as Court Issues Strong Order to AGF Over Removal of Section 84 (12) of Amended Electoral Act

  • An order has been given by a court sitting in Umuahia for the removal of Section 84(12) of the Electoral Act Amendment Bill
  • The court made the order after a suit was filed by one Nduka Edede of the Action Alliance party who submitted that the section is unconstitutional
  • Delivering its judgement, the court held that any provision of any other law that is at variance with the clear provisions of the Constitution like Section 84 (12) of the Electoral Act was null and void

A Federal High Court sitting in Umuahia, Abia state's capital city on Friday, March 18, ordered the Attorney General of Federation, Abubakar Malami, to expunge Section 84 (12) of the newly amended Electoral Act.

Channels Television reports that the court's order followed a request by President Muhammadu Buhari to the lawmakers of the National Assembly to delete the part of the Act which restricts sitting cabinet members from contesting for elective offices without resigning.

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AGF Abubakar Malami
The judgement of the court has ordered the AGF to remove Section 84 (12) from the Electoral Act Photo: Abubakar Malami SAN
Source: Facebook

In its ruling, the High Court declared that political appointees are only required to resign from office 30 days to the election and not earlier as provided by Section 84(12) of the Electoral Act.

The Punch reports that the suit was filed by Nduka Edede, a registered voter in Abia state within the jurisdiction of the court and a member of the Action Alliance (AA).

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The AA is one of the political parties that challenged the AGF on this particular section of the Electoral Act.

Court's reason for the judgment on the Act

Nullifying the section, the court said it is unconstitutional and invalid for being inconsistent with the provisions of Sections 66(1)(f), 107(1)(f), 137(1)(f) and 182(1)(f) of the 1999 Constitution which provided for resignation at least 30 days to the date of the election.

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The court in its judgement further held that any provision of any other law which was at variance with the clear provisions of the Constitution was null and void to the extent of its inconsistency.

It added that the legislature overreached itself by making such a law that violates the constitution which is the ground norm of the court.

Photos emerge as Buhari finally signs Electoral Act Amendment Bill into law

The Electoral Act Amendment Bill was signed into law by President Muhammadu Buhari on Friday, February 25.

The signing ceremony of the controversial bill was held at the Council Chamber of the Presidential Villa in Abuja.

Present at the ceremony were Vice President Yemi Osinbajo, Senate President Ahmed Lawan, and Speaker of the House of Reps Femi Gbajabiamila.

PDP reveals what will happen in Nigeria if Buhari refuses to sign electoral bill

Meanwhile, the Peoples Democratic Party (PDP) had said that the delay in signing the electoral act amendment bill into law by Buhari was causing tension in the country.

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This disclosure was made by Debo Ologunagba, the PDP publicity secretary, on Tuesday, February 22, at a media parley in Abuja.

The opposition party’s spokesman said the growing tension has the potential to cause violence, which might affect West Africa and other regions.

Source: Legit.ng

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