The Federal High Court sitting in Umuahia, has set aside Section 84(12) of the just amended Electoral Act, for violating the Constitutional provisions.
Delivering judgment in the suit with number; FHC/UM/CS/26/2022, Hon. Justice Justice Evelyn Anyadike, held that the section was unconstitutional, invalid, illegal, full, void and of no effect whatsoever, emphasizing that it was inconsistent with the rights of Nigerian citizens.
The court observed that the said sections, mandates appointees of government seeking to contest elections to resign, at least 30 days to the date of the election.
Hon. Justice Anyandike also held 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, and atbvariance with the clear provisions of the Constitution.
The Court, consequently, 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.
The Plaintiff, Mr. Nduka Edede, a lawyer and chieftain of Action Alliance (AA) party, who filed the suit, prayed the Court to determine whether Section 84(12), when read together with Sections 66(1)(f) 107(1)(f)(137(1)(f) and 182(1)(f) of the 1999 Constitution, was not inconsistent.
The Attorney General of the Federation was joined as Defendant in the suit.
President Muhammadu Buhari, 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.
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