Human rights activist and lawyer, Ebun-Olu Adegboruwa, SAN, has reacted to the judgment of the Federal High Court, Umuahia, nullifying section 84(12) of the Electoral Act.
In a statement he issued on Saturday, Adegboruwa, remarked: “May the judiciary (lawyers and judges) not destroy Nigeria in our lifetime.”
The Senior Advocate of Nigeria noted that “The Electoral Act is an act of the National Assembly.
“How can you “nullify” an Act without joining the institution that made the Act, so that they can be heard concerning what they did?”
He observed that “When a defendant (Federal Government) rejoices over a judgment delivered against it as a party, then you know there is a problem in Nigeria.”
To address the issue, Adegboruwa said: “Let the National Assembly, the political parties and NGOs appeal against the judgment as interested parties.
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“Why do you want to hold on to your office as a political appointee and at the same time be a candidate in an election?”
He concluded by saying: “May Nigeria not happen to us in this way.”
Recall that a Federal High Court sitting in Umuahia, Abia State, on Friday ordered the removal of Section 84 (12) of the newly amended Electoral Act which barred political appointees from contesting in primaries and voting as delegates without first resigning their positions.
President Muhammadu Buhari had urged the National Assembly to delete Section 84(12) of the amended Electoral Act, stating that it violated the constitution and also breached the rights of government appointees.
The president had written a letter to the National Assembly seeking amendment by way of deleting the provision, an amendment the Senate rejected in plenary.
However, in suit number FHC/ UM/CS/26/2022 filed by a lawyer, Nduka Edede of Action Alliance, the plaintiff asked the court to declare the section null and void.
The court, in its judgment delivered by Justice Evelyn Anyadike, ruled that the section was unconstitutional, invalid, illegal, null, void and of no effect whatsoever, and should be struck off as it cannot stand as it is in violation of clear provisions of the constitution.
Meanwhile, the office of the AGF and Minister of Justice said on Friday that it will give effect to the Court judgment “in line with the dictates of the law and the spirit of the judgment.
“The judgment of the Court will be recognized by the government printers in printing the Electoral Act,” the Attorney General’s office said in a statement.
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