By Tosin Olatokunbo
Relief has come the way of some presidential hopefuls in the ruling All Progressives Congress, APC following an Appeal Court judgment, on Wednesday which voided Section 84(12) of the Electoral Act 2022. The section bars government appointees at state and federal level from contesting election.
The section 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.”
Recall the ministers have opted not to resign claiming that the section negates the provision of the constitution
For instance, the Minister of Labour and Employment had insisted that the Act sought to disenfranchise him against the spirit of the constitution, noting that the Act is inferior to the 1999 Constitution as amended.
According to him, “An Act is inferior to the constitution, an Act cannot also take people’s right away from them, rights given to them by the constitution. So, to that extent we leave it that all these things will be decided at the realms of the law.
“I am a law abiding citizen, if the law says that we shall resign 30days before election and that is the supreme law and another smaller law says you resign 90days or 80days before, I will obey that which is in the constitution.”
“And the Constitution of the federal republic of Nigeria is supreme, it is the supreme law of the land. I haven’t also seen the party (All Progressives Congress) guideline, it is only speculative, it is in the realm of the media.
“You people want to pitch us against our party. Our party is a legal entity drawn from the constitution. We owe our formation as a political party to section 40 of the constitution, freedom of association where people are allowed to come together and form association, which can be political parties.
“Some other associations can move to become labour unions, group of workers; so there is freedom of association. Our party exists because of that portion of the constitution. So, our party is constitutionally birthed and recognised.”
The implication of the judgment, watchers of events say, is that the ministers who have indicated their interest in the presidency can go ahead to contest without resigning their positions as provided in the act.
Apart from Ngige other contesting ministers include Rotimi Amaechi (Transport); Chukwuemeka Nwajiuba (Education), amongst others.
Pressure had been mounted on the ministers to resign after President Muhamamdu Buhari signed the Act passed by the National Assembly in January.
Nduka Edede had challenged the Act before a Federal High Court in Umuahia which ruled in his favour.
But ruling on the appeal today, the Abuja Division of the Court of Appeal set aside the judgment of Justice Evelyn Anyadike of the lower court which voided the provision of Section 84(12) of the Electoral Act 2022, citing lack of locus standi on the part of the plaintiff and lack of jurisdiction by the trial court.
The Court of Appeal struck out the suit marked: FHC/UM/CS/26/2022 which Edede filed before the FHC in Umuahia.
While determining the appeal on the merit, the Appellate Court held that the provision was unconstitutional because it violated Section 42 (1)(a) of the constitution and denied a class of Nigerian citizens their right to participate in election.
