Senate to appeal Judgement on Electoral Act Amendment 2022
By Haruna Salami
The Senate on Wednesday resolved to appeal the judgement of the Federal High Court, Umuahia on Section 84 (12) of the Electoral Act (Amendment), 2022.
The resolution was reached by the upper chamber when it considered a motion on the ‘Urgent Need to Appeal the Judgement of the Federal High Court Umahia on Suit No: FHC/UM/CS/26/2022 on Section 84(12) of the Electoral Act 2022.
The motion was sponsored by Sen. Sekibo George Thompson (Rivers East) and co-sponsored by 84 other senators.
In presenting the motion, Senator Sekibo recalled that the Senate of the Federal Republic of Nigeria passed the Electoral Bill, 2022 and a clean copy forwarded to President Muhammadu Buhari for assent;
It could also be recalled that President Buhari, assented to the bill into law which was widely appreciated by the citizens of the country;
It will be recalled that Justice Evelyn Anyadike, in a judgment, 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”.
The court, therefore, ordered the Attorney General of the Federation to “forthwith delete the said subsection 12 of section 84 from the body of the Electoral Act, 2022”.
Sekibo noted that the said Section 84 (12) of the Electoral Act 2022 states as follows:
“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”.
He observed further that the Judge in his ruling said that Section 84 (12) of the Electoral Act 2022 was inconsistent with Sections 66 (1)(f), 107(1)(f), 137(1)(g) and 182(1)(g) of the 1999 Constitution of the Federal Republic of Nigeria as amended;
“For ease of reference, the Sections relied upon in the judgment as stated above are as follows:
Section 66(1)(f) 66. (1) No person shall be qualified for election to the Senate or the House of Representatives if:
(f) he is a person employed in the public service of the Federation or of any State and has not resigned, withdrawn or retired from such employment 30 days before the date of election;
Section 107 (1)(f) (1): No person shall be qualified for election to a House of Assembly if – (f) he is a person employed in the public service of the Federation or of any State and has not resigned, withdrawn or retired from such employment thirty days before the date of election;
Section 137 (1) A person shall not be qualified for election to the office of President if: ‘(g) being a person employed in the civil or public service of the Federation or of any State, he has not resigned, withdrawn or retired from the employment at least thirty days before the date of the elections’.
Section 182(1)(g) states that:
‘No person shall be qualified for election to the office of Governor of a State if – (g) being a person employed in the public service of the Federation or of any State, he has not resigned, withdrawn or retired from the employment at least thirty days to the date of the election’.
“Section 4 (1,2 and 3) of the 1999 Constitution of the Federal Republic of Nigeria as amended vested the power of law making for the Federal Republic of Nigeria on the National Assembly and as stated below:
‘The power of the National Assembly to make laws for the peace, order and good government of the Federation with respect to any matter included in the Exclusive Legislative List shall, Save as otherwise provided in this Constitution, be to the exclusion of the Houses of Assembly of States’.
“In furtherance to the powers vested in the National Assembly, the 1999 Constitution under the roles of the Executive in ITEM D that deals with political parties in Section 228 (a, b and d) confers more powers on the National Assembly, more particularly on political parties and effective management of the electoral process by the Independent National Blectoral Commission.
“The National Assembly may by law provide – (a) guidelines and rules to ensure internal democracy within political parties, including making laws for the conduct of party primaries; party congresses and party conventions;
‘(b) the conferment on the Independent National Electoral Commission of powers as may appear to the National Assembly to be necessary or desirable for the purpose of enabling the Commission more effectively ensure that political parties observe the practices of internal democracy, including the fair and transparent conduct of party primaries, party congresses and party conventions; and
‘(a) for the conferment on the Commission of other powers as may appear to the National Assembly to be necessary or desirable for the purpose of enabling the Commission more effectively to ensure that political parties observe the provisions of this part of this chapter’.
“The Electoral Act 2022 enacted by the National Assembly followed due process of the provisions of the 1999 Constitution as given above”, Sekibo noted.
The Senate opines that section 84 (12) of the 2022 Electoral Act exclusively refers to nomination conventions and congresses called for candidate selection and not participation in the general election which Sections 66(1)(f), 107(1)(f), 137(1)(g) and 182(1)(g) were referring to;
It believes that the interpretation of the meaning of the words ‘civil service’ and ‘public service’ as provided in Part 1V: Interpretation, Citation and Commencement in Section 318 is unambiguous as given below:
‘Part IV: Interpretation, Citation and Commencement 318. (1) In this constitution, unless it is otherwise expressly provided or the context otherwise requires:-
“Civil service of the Federation” means service of the Federation in a civil capacity as staff of the office of the President, the Vice-Presudent, a ministry or department of the government of the Federation assigned with the responsibility for any business of the Government of the Federation;
“Public service of the Federation” means the service of the Federation in any capacity in respect of the Government of the Federation, and includes service as(a) Clerk or other staff of the National Assembly or of each House of the National Assembly; (b) member of staff of the Supreme Court, the Court of Appeal, the Federal High Court, the National Industrial Court, the High Court of the Federal Capital Territory, Abuja, the Sharia Court of Appeal of the Federal Capital Territory, Abuja, the Customary Court of Appeal of the Federal Capital Territory, Abuja, or other courts established for the Federation by this Constitution and by an Act of the National Assembly;
‘(c) member of staff of any commission or authority established for the Federation by this Constitution or by any Act of the National Assembly; Government of the Federation; (3) staff of any company or enterprise in which the Government of the Federation or its agency owns controlling shares or interests;
‘(h) members or officers of the armed forces of the Federation or the Nigerian Police Force or other government security agencies established by law;
The lawmaker opined that there is a difference between the civil service or public service and political appointment.
He believes that the Senate of the Federal Republic of Nigeria should show concern on the judgement especially when she was not given opportunity to represent herself in a matter such as this that emanates from her legitimate functions;
He further stated that letting this judgment go without concern will become a precedence on which any person could go to the court and obtain judgment to ridicule the good intentions of the National Assembly as an institution.
Accordingly, the Senate resolved to follow the appropriate channel and appeal the judgment in Suit in order to set aside the judgement as it was reached without due consideration of the Constitutional interpretation in Section 318 of the 1999 Constitution as amended.
The Senate President Ahmad Lawan tried to delay the process by referring the motion to its Committee on Judiciary, but the senators were resolute that the motion was a straight one and needed no further legislative work.
Therefore, the Senate resolved to inform its legal team to appeal the judgement without further delay.
