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Court Cancels Section 84(12) Of Amended Electoral Act

The Federal High Court sitting in Umuahia, on Friday, nullified Section 84(12) of the newly amended Electoral Act, saying it was a violation of the provisions of the Constitution. THE GUARDIAN reports.

The court, in a judgment issued by Justice Evelyn Anyadike, held that the section was unconstitutional, invalid, illegal, null, void, and of no effect whatsoever, saying it ought to have been struck out. Information Guide Nigeria

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The News Agency of Nigeria (NAN) reports that Mr Nduka Edede, a lawyer and chieftain of Action Alliance (AA) party, had approached the court, in the suit that had the Attorney General of the Federation as the Defendant.

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The plaintiff had asked the court to determine whether Section 84(12), when read together with Sections 66(1)(f) 107(1)(f)(137(1)(f) and 182(1)(f) of the 1999 Constitution, was not inconsistent.

The court in the suit, marked FHC/UM/CS/26/2022, agreed with the submissions and ordered that Section 84(12) of the Electoral Act was inconsistent with the rights of Nigerian citizens.

She held that any other law that mandated such appointees to resign or leave office at any time before that, was unconstitutional, invalid, illegal null and void, “to the extent of its inconsistency to the clear provisions of the Constitution”. jamb results

The judge thereafter ordered the Attorney General of the Federation, to forthwith delete the said Subsection 12 of Section 84 from the body of the Electoral Act, 2022.

NAN reports that President Muhammadu Buhari, had while signing the amended Electoral Act, urged the National Assembly to delete the provision, as it violated the Constitution and breached the rights of government appointees.

The President had further written a letter to both chambers of the National Assembly, seeking amendment, by way of deleting the provision, an amendment the Senate rejected in plenary.