Electoral Amendment: PDP chieftain backs NASS’ appeal against court judgement

People’s Democratic Party (PDP) chieftain in Delta State, Chief Sunny Onuesoke, has thrown his weight behind the move by members of the National Assembly to appeal the judgement of a Federal High Court, Umuahia, Abia State, whivh directed the removal of Section 84(12) from the new Electoral Act.

Recall that on March 18, the FHC, Umahia ruled that the section was at variance with the constitution which provides that public officers contesting public offices should only resign 30 days to an election.

The court ordered the Attorney-General of the Federation to delete Section 84(12) of the Electoral Act which bars all political appointees including ministers, commissioners and aides from contesting or voting in any party primary.

However, members of the National Assembly have begun moves to appeal against the Umuahia Court judgement.

Reacting to the move, Onuesoke commended members of the National Assembly for taking the lead in complying with Section 84(12).

The former governorship aspirant added that those in favour might say the duty of the court is to interpret the law, but they should remember that interpreting the law does not confer the judge the right to amend the law.

“A court can interpret a law, but cannot make laws. If the portion of the law is contradictory, it has to be referred to the makers and not any other entity.

“If the law is in confliction, the court was supposed to say so and not ask AGF to delete it. AGF or the judge cannot delete or change any law.

“Such law must pass through the law making process which is the Legislature.

“The unanimous crafting of the Electoral Act and the contentious section represent the aspirations of majority of the citizens and the constituents they represent in the country.

“It could therefore be considered as mischievous for the judiciary to order that the section of the law which they also argued was not in contrast to the provision of the constitution be expunged by the AGF,” he submitted.

The PDP chieftain, who described the judgement as an ‘aberration,’ urged lawmakers to stand against it, alleging that the hurried manner with which the case was heard and judgement delivered within 10 days makes it more suspicious.