The Senate has resolved to appeal the recent judgment by a Federal High Court sitting in Umuahia, nullifying the provisions of Section 84(12) of the newly amended Electoral Act 2022 passed by the National Assembly.
The decision was taken at Wednesday‘s plenary, after extensive debate brought before the upper chamber sponsored by Senator George Sekibo (Rivers East) and co-sponsored by 80 senators titled urgent need to appeal the judgement of the federal high court Umuahia on section 84(12) of the Electoral Act.
In his lead presentation, Senator Sekibo says justice Evelyn Anyadike relied on sections 66 (1)(f), sec 107 (1)(f), sec 137 (1) (g) and sec 182 (1) (g)
Section 107 (1)(f) states that: 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if – (f) he is a person employed in the public service of the Federation or of any State and he has not resigned, withdrawn or retired from such employment thirty days before the date of election;
Provision of Section 137(1)(g) states that:
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if: (g) being a person employed in the civil or public service of the Federation or of any state, has not resigned, withdrawn or retired from the employment at least thirty days before the date of the election.
Also Read: Electoral Act Controversy: Reps to appeal Umuahia Judgment
Section 182(1)(g) also 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of a State if (g) being a person employed in the public service of the Federation or of any State, he has not resigned, withdrawn or retired from the employment at least thirty days to the date of the election;
The lawmaker added that section 84 (12) of the 2022 Electoral Act exclusively refers to nomination conventions and congresses and not participation in the general election
The lawmaker says civil service of the Federation according to the constitution means the office of the President, the Vice-President, ministry or department of the government of the Federation adding that public service of the Federation includes Clerk or other staff of the National Assembly, member of staff of the Supreme Court or other courts established for the Federation.
Senator Sekibo lamented that the Senate was not given opportunity to represent herself in the matter
Reacting to the proposal, Senator Sani Musa whose name was among the 81 senators who co-sponsored the bill raised an objection, that his name be struck out, as he was not duly consulted on the matter.
(Editor: Anoyoyo Ogiagboviogie)
