BREAKING: Senate Rejects Nullification Of Section 84 Of Electoral Act, Vows To Apeal Court Judgment

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Coastal News

On Wednesday, the Senate vowed to challenge a court decision that struck down Section 84 (12) of the Electoral Act 2022.

The red chamber decided unanimously in plenary to “appeal the judgment for the Court to set the judgment aside.”
Senator George Thompson Sekibo, PDP, Rivers East, used Order 42 of the Senate Standing Orders on Personal Explanation to dispute the court’s judgment on Section 84 during plenary (12).
Sekibo cited Section 4 of the 1999 Constitution (as modified), which states that the National Assembly is entitled to establish legislation for Nigeria’s peace, order, and good administration.
Section 228 outlines such functions as drafting laws to ensure internal democracy within political parties, according to him.

The section provides in part that, the National Assembly may by law provide guidelines and rules to ensure internal democracy within political parties, including making laws for the conduct of party primaries, party congresses and party conventions.
It also included the conferment on the Independent National Electoral Commission (INEC) of powers as may appear to the National Assembly to be necessary or desirable for the purpose of enabling the Commission more effectively to ensure that political parties observe the practices of internal democracy.
The motion had 84 cosponsors apart from Sekibo.

The section states, in part, that the National Assembly may pass laws establishing norms and procedures for ensuring internal democracy inside political parties, such as legislation governing the conduct of party primaries, congresses, and conventions.
It also included the delegation to the Independent National Electoral Commission (INEC) of such powers as the National Assembly deems necessary or desirable for the Commission to more effectively ensure that political parties adhere to internal democracy practices.
Apart from Sekibo, the motion garnered 84 cosponsors.

Remember that a Federal High Court in Umuahia decided against the provisions of Section 84(12) of the newly modified Electoral Act 2022 enacted by the National Assembly in its verdict.

The Section of the Act was found to be unconstitutional, unlawful, illegal, null, void, and of no effect by Justice Evelyn Anyadike.

According to the judge, it should be overturned because it is in breach of the Constitution’s unambiguous requirements.
As a result, the court directed the Attorney General of the Federation to “remove the aforementioned Subsection 12 of Section 84 from the body of the Electoral Act as soon as possible.”

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