NASS moves to appeal ruling on Electoral Act Amendment, bars AGF Malami from executing court order

[By VICTOR NZE]

Legislative and judicial arms of the government may be on collision course over a recent court order ordering the Attorney General and Minister of Justice, Abubakar Malami to expunge a section of the recently passed Electoral Act Amendment.

A Federal High Court sitting in Umuahia, had last Friday, 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 also ordered the Attorney-General of the Federation, Abubakar Malami (SAN), to delete the said Subsection 12 of Section 84 from the body of the Electoral Act.

In a judgment delivered by Justice Evelyn Anyadike, the Court held that the subsection 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.

Justice Anyadike, in the Suit marked FHC/UM/CS/26/2022, held that Sections 66(1)(f), 107(1)(f), 137(1)(f) and 182(1)(f) of the 1999 Constitution already stipulated that appointees of government seeking to contest elections were only to resign at least 30 days to the date of the election and that any other law that mandated such appointees to resign or leave office at any time before that was unconstitutional, invalid, illegal null and void to the extent of its inconsistency to the clear provisions of the Constitution.

Counsel to the Plaintiff, Emeka Ozoani (SAN), while addressing newsmen stated that by this judgment, the National Assembly was not required to further make any amendments to the section as the import of the court judgment was that Section 84(12) of the Electoral Act was no longer in existence or part of the Electoral Act. 

It would be recalled that President Muhammadu Buhari had, while signing the amended Electoral Act, urged the National Assembly to delete the provision as it violated the Constitution and breached the rights of government appointees. 

The President further wrote a letter to both Chambers of the National Assembly, seeking amendment by way of deleting the provision, an amendment the Senate rejected in plenary.

The Judge thereafter ordered the Attorney-General of the Federation, Abubakar Malami (SAN), to forthwith delete the said Subsection 12 of Section 84 from the body of the Electoral Act, 2022.

Meanwhile, reacting to the ruling, Senate, same Friday, denied knowledge of any court order on Section 84(12) of the Signed Amended Electoral Act, even as it claimed unaware of any suit filed challenging the section of the law.

Chairman of the Senate Committee on Media and Public Affairs, Dr. Ajibola Basiru, stated this while speaking to journalists in Abuja.

“I’m not aware of the suit and whether the National Assembly was a party or was served and/or represented.

“I have also not seen or read the judgment or whether the National Assembly has been served with the judgment or any order of court. I cannot react to newspaper reports of court judgment without seeing the actual court judgment.”

However, responding to the court ruling during Wednesday’s plenary, both chambers of the National Assembly voted to appeal the appeal the court judgement, even as it also barred the AGF Malami from effecting any changes to the passed Electoral Act Amendment 2022.

These were part of the prayers of a motion unanimously adopted on the floor of the two chambers on the urgent need to appeal the judgement of the Federal High Court Umuahia, as well as, the one seeking for the stay of action on the court ruling, pending the conclusion of appeal on the matter.

While describing the Court decision as condemnable and affront to the constitution, the National Assembly said it will further write a formal complaint to the National Judicial Council (NJC).

The judgment according to the lawmakers was reached without due consideration of the constitutional interpretation of section 318 of the 1999 Nigerian constitution as amended.

Members who spoke on the issue described it as infringement of the National Assembly’s rights as an institution as well as breach of the concept of separation of power contained in the constitution.

They also said the National Assembly was not joined in the case being the makers and custodian of the law, neither the Independent National Electoral Commission, INEC, implementers of the law, describing it as unfortunate.

“If they had included the National Assembly in the suit, National Assembly should have been able to bring clarity to the matter,” they argued.

While condemning the judgement, the lawmakers said the clause was aimed at deepening Nigeria’s democracy through fairness and equality.

At the senate plenary, Senator George Sekibo (Rivers PDP) moved the motion for challenge of the court order, Wednesday, under the ‘Urgent need to appeal the Judgement of the Federal High Court Umuahia on Suit No: FHC/UM/CS/26/2022 on Section 84(12) of the Electoral Act 2022.’

Sekibo along with 78 other senators berated the court order, as they rallied the chambers to call the AG Malami to order.

“I want to second this Motion which is a timely intervention. Let me add that the content of the motion is straightforward.  I request humbly that my colleagues do consider this Motion as submitted,”  said Senator Aliyu Sabi Abdullahi.

“I think that time is of the essence and this is straightforward that the appropriate channel should appeal. In making an appeal, we do not necessarily need the guidance of the Committee on Judiciary, Human Rights & Legal Matters,” said Senator Gabriel Suswam, adding: “I think we should just go ahead and pass this motion as presented.”

Senate then resolved to appeal the judgement in suit marked FHC/MU/SC/26/2022 to set aside the judgement.

On its part, the House of Representatives, also Wednesday, resolved to appeal the judgment of a Federal High Court Umuahia asking the Attorney-General to delete section 84(12) of the newly passed Electoral Act 2022.

The Reps also asked the Attorney-General of the Federation and Minister of Justice, Mr Abubakar Malami, to hold action on the issue until all appeal processes are concluded.

Remarking, Speaker, House of Representatives, Femi Gbajabiamila also berated the High Court in Umuahia over the ruling, specially, according to him, as the plaintiff in the said suit ‘is not even a political appointee.’

Political analysts posit that elected politicians under the platform the ruling All Progressives Congress (APC) are the ones championing the repeal of the portion of the electoral law, Section 84(12) of the newly amended Electoral Act in view of the forthcoming national Convention of the party, this Saturday, March 26

The section in particular bars them from voting or be voted for at the convention.

State Governors, heads of the ministries, departments and agencies of government (MDAs), in addition to commissioners are barred from voting as state delegates to the APC National Convention, as contained in the law.