Electoral Act : Senate Appeal Section 84 (12) Ruling

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The Senate has resolved to appeal the judgement of Federal High Court, Umuahia, nullifying section 84(12) of the Electoral Act.

The resolution was reached after a debate at today’s plenary.

The resolution followed a motion titled: “Urgent need to appeal judgement of the Federal High Court Umuahia on suit no FHC/UM/CS/26/2022 on Section 84(12) of the Electoral Act, 2022.”

The motion was sponsored by Senator George Sekibo (Rivers East) and co-sponsored by 80 other lawmakers.

It was reported that Justice Evelyn Anyadike, in a judgment, held that the Section of the Act was “unconstitutional, invalid, illegal, null, void and of no effect whatsoever”, adding that it cannot stand when it is 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 of the Electoral Act.”

Justice Anyadike in the Suit    FHC/UM/CS/26/2022 held that Sections 66(1), 107(1)(f) of the 1999 Constitution already stipulated that appointees of government seeking to contest elections were only to resign at least 30 before election.


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