NASS to appeal judgement in suit ordering the deletion of Section 84(12)

The National Assembly has resolved that it will appeal the decision of the Federal High Court in Umuahia which ordered the Attorney General of the Federation to delete section 84(12) of the amended Electoral Act.

The NASS came to the resolution during plenary on Wednesday. The Senate in a post on its Twitter handle says it will ask the appellate court to set aside the judgement of the lower court.

In a ruling, last Friday, Justice Evelyn Anyadike struck down the section and ordered the AGF to delete the said section from the amended electoral act.

Senate resolves to appeal the judgement in suit marked FHC/MU/SC/26/2022 to set aside the judgement.#TodayInSenatePlenary

— The Nigerian Senate (@NGRSenate) March 23, 2022

Back story

President Buhari after signing the bill, directed the National Assembly to expunge the said section from the electoral act.
The Peoples Democratic Party, in an ex-parte motion sought an order of the court restraining the President, the AGF and the Senate President, from tampering with the 2022 Electoral Act.
The PDP had sought an order of the court restraining the National Assembly from effecting President Buhari’s request to remove section 84 (12) from the Electoral Act.
In a suit marked: FHC/MU/SC/26/2022, Nduka Edede instituted a suit against the AGF challenging the constitutionality of the provision.
Justice Evelyn held that the said section was unconstitutional, invalid, illegal, null, void as it violates the clear provisions of the Constitution.
Following the judgement, the AGF released a statement saying he agreed with the decision of the court. He noted that the judgement will be enforced.
The AGF in his statement said the Act will be gazetted, factoring the effect of the judgment into consideration and deleting the constitutionally offensive provision accordingly.

What you should know

Section 84(12) of the Electoral Act provides that, “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.”

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