The Federal High Court sitting in Umuahia, Abia State yesterday ordered the Attorney-General of the Federation to immediately delete Section 84 (12) of the amended Electoral Act.

Justice Evelyn Anyadike held that the section was unconstitutional, invalid, illegal, null, void and of no effect whatsoever and cannot stand, as it is in violation of the clear provisions of the Constitution.

The section says: “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”.

In the suit marked FHC/UM/CS/26/2022, Justice Anyadike further stated 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.

While signing the Electoral Bill into law last month, President Buhari had asked the National Assembly to delete section 84 (12).

President Buhari had argued that “Section 84 (12) constitutes a disenfranchisement of serving political office holders from voting or being voted for at conventions or congresses of any political party, for the purpose of the nomination of candidates for any election in cases where it holds earlier than 30 days to the national election”.

However, the Senate refused to consider the president’s request and threw out the bill seeking the amendment of the section, with lawmakers stressing that an amendment would be going against the civil service norms and would be injurious to the well-being of the society.

Reacting a human rights lawyer, Femi Falana, faulted the judgement, adding that the annulled section relied on referred to persons employed in the public service of either the federal or state governments.

Falana said by virtue of Section 318 of the Constitution, political appointees were not included in the list of persons employed in the public service and as such Section 84 (12) of the Electoral Act was annulled on faulty ground.

He added, “With respect, the learned trial judge fell into a great error. Sections 66 (1) (f), 107(1) (f),137 (1) (f) and 182 (1) (f) of the Constitution relied upon by his lordship require persons employed in the public service of either the Federal Government or state governments.

“Specifically, each of the aforesaid sections provides that “No person shall be qualified for election into the Senate or House of Reps 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.”