Electoral Act: Senate to debate court judgement on Section 84 (12) Wednesday

The Senate will, on Wednesday, debate the ruling of a Federal High Court in Abia State which nullified the controversial section 84 (12) of the amended Electoral Act.

This followed a point of order raised by Senator George Thompson Sekibo (PDP, Rivers), who drew the attention of his colleagues to the court ruling.

The section requires ministers, head of agencies and other political appointees to resign before participating in primaries, convention and other electoral activities.

But the Federal High Court sitting in Umuahia, on Friday, nullified Section 84(12), saying it was a violation of the provisions of the constitution.

Senator Sekibo, while invoking Senate Order 10 and 11, said the electoral law emanated from the National Assembly, therefore the parliament should be joined as a party in the suit.

He also noted that the judgement if not challenged would amount to a bad precedent for a court to mandate an individual in the executive arm of government to single-handedly amend an Act passed by the National Assembly.

He, therefore, moved that the issue be discussed during plenary today to avoid setting a bad precedent on laws enacted by the federal parliament.

His motion was supported by Senator Chukwuka Utazi (PDP, Enugu) and Senator Lilian Ekwunife (PDP Anambra).

However, Senator Ovie Omo-Agege (APC, Delta) who presided over the plenary, suggested that the debate on the issue be postponed to Wednesday since Senate President Ahmad Lawan and many other lawmakers were absent.

He said postponing the debate till tomorrow would give more senators the opportunity to contribute to the debate and for the Senate to take a position on the matter.

“I want a fuller house for this debate. It will give our colleagues the opportunity to make inputs,” he said.

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Electoral Act: Senate to debate court judgement on Section 84 (12) Wednesday