Nullification Of Section 84(12) Of The Electoral Act: Falana Picks Holes In Ruling, Says Court Should Have Dismissed Suit

Lagos lawyer and human rights activists, Femi Falana has pointed holes in the judgement of Justice Anyadike, saying that political appointees are not included in the list of persons employed in the public service.

Falana argues: With respect, the learned trial judge fell into a great error. Sections 66 (1) (f), 107(1) (f), 137 (1) (f) and 182 (1) (f) of the Constitution relied upon by his lordship require persons employed in the public service of either the federal government or state governments.

“Specifically, each of the aforesaid sections provides that “No person shall be qualified for election into the Senate or House of Reps if: (f) he is a person employed in the public service of the Federation or of any State and has not resigned, withdrawn or retired from such employment 30 days before the date of election.

“By virtue of section 318 of the Constitution, political appointees are not included in the list of persons employed in the public service. To that extent, section 84 (12) of the Electoral Act was annulled on a very faulty ground.

“No doubt, the Judge would have dismissed the case if his attention had been drawn to the cases of Dada V. Adeyeye (2005) 6 NWLR (Pt. 920) 1 At 19 Asogwa V. Chukwu (2003) 4 NWLR (Pt. 811) 540 Ojonye V. Onu & ORS (2018) LPELR-44223) where the appellate Courts have held that political appointees or political office holders are not public servants as provided for under the Constitution.”

Recall that last week, a politician and legal practitioner, Nduka Edede, who is a member of Action Alliance (AA) filed a suit at the Federal High Court Umuahia seeking to nullify the Section 84(12) on the grounds that it was inconsistent with Sections 66,107,137 and 182 of the 1999 Constitution.

Speaking with journalists after the court verdict, counsel to the plaintiff, Emeka Ozoani, SAN, said it had restored the rights of Nigerian citizens which vexatious subsection 12 of Section 84 of the Electoral Act sought to abridge.

According to him, the court has now, with this judgment, created “a congenial atmosphere for politicking and political space” ahead of the 2023 general election.

He said there was no need again for the National Assembly to bother with amending Section 84(12) of the Electoral Act as requested by President Buhari as the Court has specifically asked the AGF to delete it since it was an illegal law ab initio.

Counsel to the AGF, Chris Nevo said that the court judgment was in tandem with the position of the AGF, who has always held that it was wrong to use the Electoral Act to abridge the rights of political appointees to participate in the electoral process.

“Originally, we believed that it was a big error on the part of the National Assembly to have inserted the controversial Section 84(12), adding that Nigerians should now heave a sigh of relief as the nation could now face operational issues begging for attention.”