FG To Expunge Contentious Section 84(12), Gazzete New Electoral Act

Minister of Justice and Attorney-General of the Federation (AGF), Abubakar Malami (SAN), on Friday, assured to comply with a court order directing him to expunge section 84(12) from the newly signed Electoral Act 2022.

MuchTalksBlog reported earlier that a Federal High Court in Umuahia, Abia State, presided over by Justice Evelyn Anyadike, on Friday declared as unconstitutional, null and void, Section 84 (12) of the Amended New Electoral Act 2022.

The court in a judgement, had ordered the Attorney-General of the Federation to immediately expunge the Section from the Amended Act.

However, the AGF in a statement issued on Friday night by his media aide, Umar Gwandu, said it would comply with the court ruling and gazzette the newly signed Electoral Act 2022 in accordance with 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 judgement of the federal High Court, among others, to be enforced.

The statement read: “The office of the Attorney General of the Federation and Minister of Justice will accordingly give effect to the Court judgement in line with the dictates of the law and the spirit of the judgement.

“The judgement of the Court will be recognised by the Government printers in printing the Electoral Act.

“The Act will be gazetted factoring the effect of the judgement 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 judgement of the federal High Court, among others, to be enforced.”

Meanwhile, the Senate on Friday, said it was not aware of any court judgement, which voided the controversial Section 84 (12) from the newly amended Electoral Act 2022.

The Chairman, Senate Committee on Media and Public Affairs, Dr Ajibola Basiru, declared this position in a chat with newsmen in Abuja.

President Muhammadu Buhari had penultimate week, written to the National Assembly, urging it to delete the controversial section by a way of amendment.

The two chambers of the federal parliament rejected the president’s request by voting against it.

However, the court in a judgement delivered by Justice Evelyn Anyadike, held that the section was unconstitutional, invalid, illegal, null, void and of no effect whatsoever.

The judge said it ought to be struck down as it could not stand since, “it is in violation of the clear provisions of the constitution.”

The Senate spokesperson insisted that he would not react to a story read in the media.

Basiru said he would only react when a copy of the verdict is served on the National Assembly.

The senator said: “I’m not aware of the suit and whether the National Assembly was a party or was served and/or represented.

“I have also not seen or read the judgement or whether the National Assembly has been served with the judgement or any order of court. I cannot react to newspaper reports of court judgement without seeing the actual court judgement.”