Abubakar Malami, attorney-general of the federation (AGF), says the federal government will effect a judgment which ordered the removal of section 84 (12) of the amended Electoral Act, 2022.
President Muhammadu Buhari had assented to the electoral act amendment bill on February 25.
He, however, asked the national assembly to delete section 84 (12) of the act, which reads: “No political appointee at any level shall be a 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.”
On March 9, the senate rejected the president’s request to amend the clause in the electoral act.
Subsequently, the AGF said the federal government will consider all other options available before taking a position on the matter.
Delivering a ruling on Friday in a suit marked FHC/UM/CS/26/2022, Evelyn Anyadike, the presiding judge, held that the section was unconstitutional.
Anyadike stated that sections 66(1)(f), 107(1)(f), 137(1)(f) and 182(1)(f) of the 1999 constitution already stipulated that government appointees seeking to contest elections are only to resign at least 30 days to the date of the election.
In a statement issued on Friday by Umar Gwandu, his spokesperson, Malami said the federal government will take the necessary action on the court ruling.
“The judgment of the court will be recognised by the government printers in printing the Electoral Act,” the statement reads.
“The Act will be gazetted factoring the effect of the judgment into consideration and deleting the constitutionally offensive provision accordingly.
“The provision of Section 84(12) of the Electoral Act 2022 is not part of our law and will be so treated accordingly.
“This is in line with the dictates of chapter 7, Part 4, Section 287 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) on enforcement of decisions that makes it a point of duty and obligation on all authorities and persons to have the judgment of the federal high court, among others, to be enforced.”
