Nigeria: House Insists Section 84(12) of Electoral Act Still Alive, Heads to Court Next Week

Nigeria’s House of Representatives on Thursday said the Electoral Act recently signed into law by President Muhammadu Buhari was still alive pending the Supreme Court decision on its appeal to a judgement of the Federal High Court sitting in Umuahia that asked the Attorney General of the Federation, Abubakar Malami (SAN) to delete section 84(12) from the Act.

The House spokesman, Hon. Benjamin Kalu who stated this while briefing journalists, disclosed that the parliament would be heading to court next week to appeal the judgement.

He said, “One thing I want Nigerians to know is that the Electoral Act is alive and the Independent National Electoral Commission (INEC) is working with the Act. There is no impediment on the Act until our right of appeal has been fully exercised.

“Are we waiting for 90 days to appeal? No, if possible, by next week, we will be in court. If we miss it by tomorrow, by next week, we will be in court. So, exercise no fear, the Act is alive. A difference should be made between who is a public servant and a political appointee knowing fully well what the provision of 84(12) was not addressing publis servants. It was addressing political appointees.

“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. Granted that the constitution remains supreme as the ground norms.

“But where there is a lacuna, which has not been captured, the legislature has the mandate to legislate on those issues and that is exactly what we did. We discovered that political appointees were not covered by the drafters of our constitution and so, we decided to legislate on that based on the various engagement we had.”
Speaking further, Kalu stressed that contrary to reports, President Muhammadu Buhari was not coerced to sign the bill into law, rather he signed it because he saw the benefits.

According to him, “Mr. President was not coerced into signing the bill into law and was not compelled. He saw the benefits of the electoral reforms and wanted to leave a legacy by cleaning up the space. That was why he signed the bill into law.

“As Commander in chief of the Armed Forces, who has raised an issue, such an issue should not be swept under the carpet. He decided to refer his concern not to the law court, but the parliament and that is how it ought to be in the spirit of the doctrine of separation of power where everyone know where his power lies. He did not refer it to the Attorney General.

“Mr. President was a better judge than what we just experienced recently where the principles that is reserved for the parliament was, in an over reaching Consequential order was passed to the Executive which ought not to be so if we must maintain checks and balance. That is what played out recently in the judgement given in Umuahia.”

When asked what becomes of government appointees ahead of the All Progressive Congress (APC) convention slated for Saturday, Kalu who said he’s speaking as a party man not as House spokesman, said those who fall under the bracket as stipulated in 84(12) of electoral act, should stay clear till the issue is resolved.

“Speaking as a party person and not as House spokesman, if you know that you fall under the bracket as stipulated in 84(12) of electoral act, it’s better for you, whether you’re in party A or B for you to stay clear till this issue is resolved. Better for you to stay clear because appellate court will look at this and review it,” Kalu added.

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