Nigeria: Appeal Court Says Electoral Law That Compels Political Appointees to Resign Before Primaries Is Illegal

The Court of Appeal in Abuja has set aside Section 84(12) of the Electoral Act 2022 saying it violates Section 42 (1)(a) of the Constitution.

Although the appellate court set aside the judgment of the Federal High Court in Umuahia, Abia State, which voided the provision of Section 84 (12) of the Electoral Act 2022 on the ground that the plaintiff, Nduka Edede, did not have the legal standing to institute the action, it heard the case on its merit and held that the the provision denied a class of Nigerian citizens their right to participate in elections.

Section 84 (12) of the Electoral Act states that “No political appointees 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”.

This means that a political appointee – ministers, commissioners, special advisers, personal assistants – be it at the federal or state level is not allowed to be a voting delegate or be voted for in a political party primary. And since such an individual was not allowed by the provision of Section 84(12) of the Electoral Act to be a delegate or be voted for in the political party’s primaries, thus, he/she cannot be a candidate for an election.

The only way such an individual would be a candidate is if he/she resigns before the party’s primaries, and political parties are mandated by Section 29(1) of the Electoral Act to conduct their primaries and submit the list of candidates at least 180 days ( 6 months) before the date appointed for a general election.

Nigeria President Muhammadu Buhari signed into law the Electoral Act on February 25, 2022 but on March 1, wrote a letter to both chambers of the National Assembly requesting them to delete Section 84(12) of the Act.

Buhari said the Section constitutes a fundamental defect, as it is in conflict with extant constitutional provisions.

Sections 66(1)(f); 107(1)(f); 137(1)(g); and 182(1)(g) of Nigeria’s 1999 Constitution already states that appointees of government seeking to contest elections are to resign at least 30 days to the date of the election.

The Appeal Court ruling means political appointees in the current government can contest in the forthcoming APC primaries later this month.

Some of President Buhari’s ministers seeking elective posts include Transportation Minister Rotimi Amaechi, Attorney General of the Federation Abubakar Malami, Minister of Labour and Productivity Chris Ngige, Deputy Petroleum Minister Timipre Sylva and Deputy Education Minister Emeka Nwajuiba.

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