Senators will debate a Federal High Court (FHC) judgment that nullified Section 84(12) of the new Electoral Act today.
This followed a motion by Senator George Sekibo challenging the judgment. and what he deemed the destruction of “our work for over one year.”
Sekibo, who requested that the debate be commenced immediately, was particularly vexed that the Senate, as the maker of the law, was not a party to the suit that led to the verdict by the FHC in Umuahia, Abia State.
Justice Evelyn Anyadike held in the judgment that Section 84(12) of the Act was “unconstitutional, invalid, illegal, null, void and of no effect whatsoever and ought to be struck down as it cannot stand when it violates the clear provisions of the 1999 Constitution.”
Anyadike then ordered the Attorney General of the Federation to “forthwith delete Subsection 12 from the body of the Electoral Act.”
In the motion, Sekibo leaned on Order 42 of the Senate Standing Order on Personal Explanation, to challenge the judgment.
He cited Section 4 of the Constitution (as amended) which empowers the National Assembly to make laws for peace, order and good governance.
The lawmaker argued further that Section 318 of the Constitution clearly defines who a public servant is, without including political appointees.
There was however a mild drama after Senator Chukwuka Utazi seconded Sekibo’s motion when the Deputy Senate President, Ovie Omo-Agege, who presided over plenary, said the debate should be deferred to another legislative day.
Omo-Agege noted that moving the debate to today would enable more Senators to make their contribution and also enjoy the presence of Senate President Ahmad Lawan.
