The Attorney General of the Federation and Minister for Justice, Abubakar Malami has announced that that the federal government plans to implement the court judgement allowing political appointees to run for office without resigning.
Malami stated this in a statement Friday night.
This followed a ruling by a Federal High Court sitting in Umuahia, on Friday which nullified Section 84(12) of the newly amended Electoral Act, saying it violated the provisions of the Constitution.
Section 84 (12) of the amended Electoral Act affected Malami; the Minister of Transportation, Rotimi Amaechi; the Minister of Labour and Employment, Chris Ngige; and other political appointees who are believed to have interest in elective offices. The Act also prohibited then from participating in the All Progressives Congress primaries expected to begin in May unless they resign.
The Senate had earlier unianimously rejected Electoral Act Amendment Bill sent by President Muhammadu Buhari for further amendment.
The Act had allowed elected officers including governors, deputy governors, the Vice-President and members of the National Assembly and the state legislature to contest and participate in the primaries.
Section 84(10) of the Act specifically 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.”
However, on Friday, the court, in a judgment delivered by Justice Evelyn Anyadike, held that the section was unconstitutional, invalid, illegal, null, void and of no effect whatsoever, saying it ought to have been struck out.
Mr Nduka Edede, a lawyer and chieftain of Action Alliance party, had approached the court, in the suit that had the Attorney General of the Federation as the Defendant.
Reacting in a statement, Malami said, “The office of the Attorney General of the Federation and Minister of Justice will accordingly give effect to the Court judgment in line with the dictates of the law and the spirit of the judgment.
“The judgment of the Court will be recognized by the Government printers in printing the Electoral Act.
“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.”