The Federal High Court has nullified the provision of section 84(12) of the Electoral Act.
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An Order seen by TheNigeriaLawyer shows that the section was nullified for being contrary to sections 66(1)(f), 107(1)(f), 137(1)(f) and 182(1)(f) of the 1999 Constitution.
Justice Evelyn Anyadike ordered the Attorney General of the Federation to delete the section from the Electoral Act forthwith.
And the AGF and Justice Minister Abubakar Malami (SAN), who is one of the people believed to have been the targets of the Section, promised last night that the judgment would be promptly executed.
The ruling came 10 days after the Senate rejected a bill to amend the section as earlier requested by President Muhammadu Buhari.
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Only last week, the Senate, in a voice vote, rejected a bill seeking to expunge the section from the Act.
The bill was in response to a request by President Buhari who, while signing the bill into law on February 25, had complained that the clause was a fundamental defect as it was in conflict with extant constitutional provisions.
According to him, 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.
This, he said, was for the purpose of the nomination of candidates for any election in cases where it holds earlier than 30 days to the national election.
He argued that the provision introduced qualification and disqualification criteria that ultra vires the Constitution by way of importing blanket restriction and disqualification.
This, he said, was basically for serving political office holders of which they were constitutionally accorded protection.
He said in a follow up letter to the National Assembly that “it is imperative to note that the only constitutional expectation placed on serving political office holders that qualify by extension as public officers within the context of the constitution is resignation.
Others, he said, were withdrawal or retirement at least 30 days before the date of the election.
“Hence, it will be stretching things beyond the constitutional limit to import extraneous restriction into the constitution on account of practical application of section 84(12) of the bill,” he said.
Following the rejection of the amendment bill, the Attorney General of the Federation and Justice Minister Abubakar Malami (SAN) had said the Federal Government would consider all other options available to it before taking a position.
In rejecting the bill, the Senate relied on Rule 52(5) of the Senate Standing Order which provides thus: “Reference shall not be made to any matter on which a judicial decision is pending, in such a way as might in the opinion of the President of the Senate prejudice the interest of parties thereto.”
Senator Adamu Aliero (Kebbi Central) asked the Red Chamber to step down consideration of the bill pending the vacation of an order made by the Federal High Court, Abuja.
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