Electoral Act: Sec 84(12) should cuts across in the spirit of fairness, equity – Group tells NASS

By Vivian Okejeme, Abuja

As the controversy arising from enshrined Section 84(12)  of the Amended Electoral Act 2022 continues, some concerns Nigerians have pushed that it should apply to both elected and appointed officers.

The civil society organisation, Equity And Justice In Politics And Governance Movement opined this section of the act contradicts the Nigerian Constitution which allows appointees to vote or be voted for as long as they resign their positions at least 30 days to the election.

In the new Electoral Act, Section 84 (12) of the Act says “No political appointee at any level shall be 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.”

The Convener of the group, Comrade Momodu H. Tarka, commended the attorneys general of the federation and minister of justice for standing firmly to ensure that justice is done to all Nigerians.

The Federal High Court sitting in Umuahia, on March 18, 2022 struck down Section 84(12) of the newly amended Electoral Act which President Muhammadu Buhari had written to the National Assembly to delete. 

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 and ought to be struck down as it cannot stand when it is in violation of the clear provisions of the Constitution.

Comrade Tarka said, ‘’We want to be emphatic about this and we dare say that both elected and appointed public officers should be treated equally, If the law is to have universal applicability

‘’As we have pointed out earlier, the law is selfish and discriminatory, if it applies only to appointed public officers. We therefore state that the Section should be expunged or in the spirit of fairness and equity, both should be asked to resign.

‘’If there is sincerity of purpose, the makers of the law should have thought it wise to say that a public officer, both elected (President, Governors, members of National and State Houses of Assembly) and appointed should resign from office before standing for another elective office.

As it stands now, the law favours one set of public officers while some others are disadvantaged. If we may ask, where is  JUSTICE and EQUITY in the law?

 ‘’The law, we dare say, is self-serving and discriminatory and we are of the view that the National Assembly should make laws with universal appeal and  in the interest of the nation, not discriminatory and self-serving laws that end of creating confusion.

‘’The National Assembly should urgently address this issue in their legislations.’’

He said with this judgement, the National Assembly is not required to further make any amendments to the section as the import of the judgment is that Section 84(12) of the Electoral Act is no longer in existence or part of the Electoral Act.