A civil society organisation, Equity And Justice In Politics And Governance Movement has said that Section 84(12) of the amended Electoral Act 2022 should apply to both elected and appointed public officers.
In the new Electoral Act, Section 84 (12) of the Act says: “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.”
According to the group, 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.
The Convener of the group, Momodu H. Tarka, commended the Attorney 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 the 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?”
