2023: Amended Section of the Electoral Law Doesn’t Exist, Appointees Won’t Resign, Buhari's Minister Reveals

2023: Amended Section of the Electoral Law Doesn’t Exist, Appointees Won’t Resign, Buhari's Minister Reveals

  • President Muhammadu Buhari's ministers have continued to react to the new electoral Act, ahead of the ruling APC and opposition PDP's Primaries slated for May
  • The minister of Niger Delta Affairs in reaction to the development disclosed the electoral law that requires political appointees to resign does not exist
  • According to Godswill Akpabio, Section 84, sub-section 12 of the Electoral Act states was non-existent, noting a court in Abia had rendered it unconstitutional

The minister of Niger Delta Affairs and presidential aspirant, Godswill Akpabio, has declared that the section of the Electoral Act as amended, which asked aspirants to resign government positions 'does not exist'.

According to Section 84, sub-section 12 of the Electoral Act, “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.”

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However, in an interview on a live TV programme on Thursday, May 5, Akpabio noted that the section was nonexistent, as a court in Abia had rendered it unconstitutional, The Punch reports.

2023 election, new Electoral law, Minister of Niger Delta Affairs, Godswill Akpabio, President Muhammadu Buhari
Akpabio said the law is non-existent because an Abia court ruled that it was unconstitutional. Photo credit: Godswill Obot Akpabio
Source: Facebook

His position

He said:

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“In terms of section 84(12), it speaks about elections. If you wish to go into primary, you should try to resign before you go there.
“Even before Mr. President signed the bill, he had mentioned that it was not in line with the Nigerian constitution which contemplates 30 days before elections.
“So, no matter the act of parliament, no matter the law, the constitution is superior to any act of parliament. Moreover, it was shut down by a court of competent jurisdiction somewhere in Umuahia. So for now that law doesn’t exist.”

The Electoral law and the constitution

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Appellate court upholds validity of section 84(12) of electoral act

The minister stated that he wasn’t worried about the law because the constitution superceded it.

He affirmed:

“I would have been worried about how the appeal would go but for the constitution. It depends on the constitution at the end of the day. It’s not a constitutional amendment.”

2023 presidency: Northern group asks Akpabio to contest

In another development, the minister of Niger Delta and former governor of Akwa Ibom, Godswill Akpabio has been asked to contest for the presidency.

Akpabio himself disclosed the information via a social media post as he received delegates of the Arewa Concerned Citizens for Development who presented him with an award of Excellence Service to the nation.

The group according to Akpabio beseeched him to throw his hat into the presidential race for the 2023 general election.

2023: Akpabio dismisses talk on presidential bid

Recall that Senator Akpabio earlier in the year dismissed talks over his ambition for the presidency at the 2023 general election.

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2023: Governor Umahi critical of Jonathan’s candidacy, warns APC to be cautious

Akpabio said he is more focused and occupied with getting his portfolio to assist President Muhammadu Buhari.

The former governor of Akwa Ibom state made this known amid rumours that he may be nursing a presidential ambition.

Source: Legit.ng

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