*Reps to petition NJC over judge’s conduct
The Senate and the House of Representatives have resolved to appeal last week Friday’s judgment of a Federal High Court in Umuahia, nullifying the provision of Section 84 (12) of the Electoral Act 2022.
While the Senate has vowed to seek redress at the Court of Appeal, the House of Representatives cautioned the Attorney-General of the Federation (AGF) and the Minister of Justice, Mr Abubakar Malami (SAN) against implementation that would deny the National Assembly the right of appeal.
The Senate resolution was reached during plenary on Wednesday, following the consideration of a motion titled, “Urgent need to appeal the Judgment of the Federal High Court in Umuahia on Suit No.: FHC/UM/CS/26/2022 on Section 84(12) of the Electoral Act 2022.”
The motion was sponsored by Senator George Thompson Sekibo (PDP, Rivers East) and co-sponsored by 79 other Senators.
Sekibo, in his presentation, drew the attention of his colleagues to the judgment of the Federal High Court in Umuahia, Abia State, in a suit marked FHC/MU/SC/26/2022.
The judgment faulted the provision of Section 84 (12) of the Electoral Act 2022 and declared that the said section was unconstitutional, invalid, illegal, null void and of no effect.
Section 84 (12) of the Electoral Act 2022 states as follows: “No political appointed 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.”
But Senator Sekibo observed that Justice Evelyn Anyadike in her ruling, said that Section 81(12) of the Electoral Act 2022 was inconsistent with Sections 66 (1) (f), 107(1) , 137 (1) (g) and 182 (1) (c) of the 1999 Constitution (as amended).
He noted further that Section 4(1)(2) and (3) of the 1999 Constitution as amended vested the power of lawmaking for the Federal Republic of Nigeria on the National Assembly.
He argued that 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 (c) confers more powers on the National Assembly, more particularly on political parties and effective management of the electoral process by the Independent National Electoral Commission (INEC).
He noted that the Electoral Act 2022 enacted by the National Assembly followed due process, adding that Section 84 (12) of the Act exclusively refers to nomination conventions and congresses called for candidate selection and not participation in the general election which Sections 66(1) (f),137(1) (g) and 182 (1) (g) referred to.
According to him, the interpretation of the meaning of the words ‘civil service’ and ‘public service’ in Section 318 was unambiguous, saying that, “there is a difference between the civil service or public service and political appointment.”
He added that, “the Senate of the Federal Republic of Nigeria should show concern on the judgment especially when she was not given opportunity to represent herself in a matter such as this that emanates from her legitimate functions.”
Sekibo warned further that, “letting the judgment go without concern will become a precedent on which any person could go to court and obtain judgment to ridicule the good intentions of the National Assembly as an institution.”
The Senate, accordingly, resolved to appeal the judgment in suit FHC/MU/SC/26/2022 for the court to set aside the judgment, noting that same was reached without due consideration of the Constitutional interpretation in Section 318 of the 1999 Constitution (as amended).
In a related development, the House of Representatives, on Wednesday condemned the judgment in a strongest term, saying that the verdict was a miscarriage of justice and cannot stand legal scrutiny at the appellate courts. The House also took a resolution to formally write a letter of complaints to the National Judicial Council (NJC) over the conduct of Justice Anyadike in the matter.
The House also urged AGF Malami to tarry a while and not to frustrate or deny the right of appeal until the last day of appeal as stated by the law.
