The House of Representatives has explained why it is appealing against the judgement by a federal high court in Umuahia which ordered the deletion of Section 84(12) of the Electoral Act.
The spokesperson of the house, Benjamin Kalu, said the judgement was against the provisions of the dictates of the principles of separation of power as enshrined in the constitution which gave powers of making laws to the legislature.
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He stated this while addressing journalists yesterday in Abuja, adding that the appeal would be filed any moment from today.
He said: “The principle of the supremacy of the constitution must be considered at all times in the course of enacting legislations so as to establish that there is no offence at all times.
“One thing I want Nigerians to know is that the Electoral Act is alive and INEC is working with the act. There is no impediment on the act until our right of appeal is fully exercised.”
He clarified that President Muhammadu Buhari was not compelled to sign the bill into law and there was no precondition by the legislature to act on his observations on section 84(12).
Kalu said the president only saw the benefits of the electoral reforms and wanted to leave a legacy by cleaning up the space and he signed the bill into law.
He expressed concerns on why the case was filed in Umuhia and not in Abuja.
Kalu added, “When you ask an act of parliament to be deleted by the executive, it means you are being irresponsible to the dictates of the doctrine of separation of powers which is one of the ethos of democracy which must be sustained at all times.
“That was why the parliament felt agitated and decided to appeal the judgment and write the NJC to look into the matter. We will ask to be joined as an interested party so that we can exercise our rights.”
