Nullification Of Section 84(12) Of The Electoral Act Is In Order — Chief Niyi Akintola, SAN
A legal luminary, who is also one of the All Progressives Congress(APC) chieftains in Oyo State, Chief Niyi Akintola (SAN), on Saturday said the judgment was in order.
He said: “The constitution guarantees us the right to vote and be voted for. That aspect of Section 84 which they (NASS) ought to have removed was what the President pointed out.
“They should have known that the section that says that a political appointee should not contest should have been retained as against to vote and be voted for.
“There are millions of Nigerians who are already disenfranchised by the constitution which says that you must have certain qualifications before you can become one thing or the other.
“Some Nigerians are already disenfranchised by that provision. They should have limited it to that level. But to say that somebody cannot vote is where they shot themselves in the foot.
“That is what is wrong with Section 84 that was struck down by the Abia division of Federal High Court, and I am in full agreement with that judgment. You cannot deprive a Nigerian the right to vote.”
Asked whether the National Assembly could challenge the decision, Chief Akintola said: “Let them go ahead. I don’t think there would be any changes. It is very clear. You have the right to vote.
“Why should I say you should not vote because you are a political appointee? No act of the National Assembly should be in conflict with the position of the constitution. Section 84 of the Act is in conflict with the constitution. Every other law should come under the constitution.
“There is no absolute right for anybody. No society in the world grants absolute right to anybody.
“The right to vote is quite different from the right to contest. That is where they shot themselves in the foot. The right to vote is constitutionally guaranteed. The right to contest is a different kettle of fish.
“If you want to contest, you must resign 30 days before. It is a constitutional provision and no act of the National Assembly can override that.
“If they want a change, they should go and first of all amend that section of the constitution before they can enact the law. And not when that provision is still in force.
“They maintain their rights to vote. People are missing the two. There is no absolute right anywhere, but the right to vote is a fundamental right.“
