Electoral Act: Senate vows to appeal court ruling nullifying Section 84 (12)

The Senate on Wednesday vowed to appeal a court judgement that nullified Section 84 (12) of the Electoral Act 2022.

In a unanimous decision at plenary, the red chamber resolved to “appeal the judgment for the Court to set the judgment aside”

Coming under Order 42 of the Senate Standing Orders on Personal Explanation, Senator George Thompson Sekibo, PDP, Rivers East during plenary, challenged the judgement of the court on Section 84(12).

Citing Section 4 of the 1999 Constitution (as amended), Sekibo noted that the National Assembly is empowered by virtue of its provisions to make laws for the peace, order and good governance of Nigeria.

He added that Section 228 lists such functions to include making laws to ensure internal democracy within political parties.

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The section provides in part that, the National Assembly may by law provide guidelines and rules to ensure internal democracy within political parties, including making laws for the conduct of party primaries, party congresses and party conventions.

It also included the conferment on the Independent National Electoral Commission (INEC) of 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 practices of internal democracy.

The motion had 84 cosponsors apart from Sekibo.

Recall that a Federal High Court sitting in Umuahia, had in its verdict, ruled against the provisions of Section 84(12) of the newly amended Electoral Act 2022 passed by the National Assembly.

Justice Evelyn Anyadike, in the judgment, held that the Section of the Act was unconstitutional, invalid, illegal, null, void and of no effect whatsoever.

The Judge said it ought to be struck down as it cannot stand because it was in violation of the clear provisions of the Constitution.

Consequently, the court ordered the Attorney General of the Federation to “forthwith delete the said Subsection 12 of Section 84 from the body of the Electoral Act.”


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