Electoral Act: Senate to appeal ruling that permits political appointees to contest primaries

THE Senate has resolved to appeal the judgment of a Federal High Court in Umuahia, Abia State, which nullified Section 84(12) of the Electoral Act.

Section 84(12) barred political appointees from voting or being voted for in primary elections of political parties.

The Senate resolved to appeal the decision after a debate at plenary on Wednesday.

The resolution followed a motion titled: “Urgent need to appeal judgment of the Federal High Court Umuahia on suit no.: FHC/UM/CS/26/2022 on Section 84(12) of the Electoral Act, 2022.”

The motion was sponsored by Senator George Sekibo (Rivers East) and co-sponsored by 80 other lawmakers.

    The Senate had on Tuesday promised to debate the judgment.

    The ICIR had reported that a Federal High Court in Umuahia, Abia State capital, had declared invalid and unconstitutional Section 84(12) of the Electoral Act, 2022.

    In a ruling on Friday, the court presided by Justice Evelyn Anyadike ordered the Attorney General of the Federation (AGF) to delete the section from the amended Electoral Act.

    Section 84(12) of the Electoral Act stated: “No political appointee at any level shall be a voting delegate or be voted for at the convention or congress of any political party for the purpose of the nomination of candidates for any election.”

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